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The Steep Price of Not Being Exceptional


By on Mar 11, 2021
Posted In Trademarks

Addressing the appropriate standard for determining what makes a trademark case sufficiently exceptional to warrant an award of attorney fees, the US Court of Appeals for the Seventh Circuit upheld the denial of a renewed motion for attorneys’ fees under the Octane Fitness standard. LHO Chicago River, LLC v. Rosemoor Suites, LLC, Case No. 20-2506...

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No More Bites at the Apple: Intervening Junior User Can Force You to Get Your Head Out of the Cloud(s)


By on Feb 4, 2021
Posted In Trademarks

Addressing how a mark’s intervening junior user’s success can affect a senior user, the US Court of Appeals for the Fourth Circuit upheld a grant of summary judgment in favor of the junior user and the issuance of a permanent injunction for any commercial use of the disputed terms by the senior user. RXD Media,...

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