I’m a trial lawyer for injured people and businesses at The Beasley Firm. Founded in 1958, we have recovered over $2 billion for our clients through hundreds of verdicts and settlements in excess of $1 million. We’re listed in Super Lawyers, Best Lawyers in America, U.S. News’s Top Lawyers, [...]
Attorneys’ Fees In “Exceptional” Lanham Act Suits: A Review of the Circuits
Via How Appealing, the Seventh Circuit has a new opinion (Nightingale Home Healthcare v. Anodyne Therapy) by Judge Posner on when a Court may award attorneys' fees in Lanham Act (i.e., trademark infringement, trademark dilution, and false advertising) cases. The Lanham Act itself doesn't give much guidance on when attorneys fees may be awarded: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." 15 USC § 1117(a). So what the heck does that mean? First, a little history as to why the statute is there at all. Per the opinion: [I]n Fleischmann Distilling Corp. v. ... Continue Reading
Uniform Trade Secrets Act Can Preempt Claims For Misappropriation, Breach of Fiduciary Duty / Duty of Loyalty, Unjust Enrichment and Unfair Competition
An interesting opinion out of the Eastern District of Pennsylvania in Youtie v. Macy's Retail Holding, 2009 U.S. Dist. LEXIS 47383 (June 5, 2009) by Senior Judge Thomas N. O'Neill, Jr.: On August 1, 2000, Macy's acquired all of the publicly-held shares of David's Bridal, Inc. David's Bridal is a corporation and a clothier specializing in bridal gowns and other formal wear and accessories. Plaintiff had purchased David's Bridal in 1972, expanded the operations, partnered with Steven Erlbaum beginning in 1989 or 1990 and with Erlbaum made a public offering of David's Bridal's stock in 1999. After Macy's acquired David's ... Continue Reading
