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For Trademarks, Octane Fitness Looks To Be Here To Stay

Law360, New York (October 27, 2016, 10:14 PM EDT) -- With a green light from the Ninth Circuit, it is now increasingly likely that the U.S. Supreme Court's Octane Fitness ruling on fee-shifting will apply equally to Lanham Act cases, making it easier than ever before for winning trademark litigants to recover attorneys' fees.

The high court's April 2014 ruling in Octane Fitness v. Icon Health made it easier for prevailing patent litigants to win attorneys' fees, removing strict requirements about bad faith and instead instructing courts to look at the "totality of the circumstances" to see if the case simply "stands out from others" in terms of strength of arguments or...

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