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Read Associate Brian Block’s Just Published Law Review Article in the Seton Hall Circuit Review Concerning Collecting Attorney’s Fees Under the Lanham Act

The co-authored article surveys whether and how federal circuit and district courts are applying Supreme Court’s decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (2014), which set the standard for attorneys’ fee-shifting in the Patent Act, to attorneys’ fee applications under the Lanham Act, which contains an identical attorneys’ fee-shifting provision.  The 2014 decision overruled the Federal Circuit’s high, overly rigid standard for an “exceptional case,” instead requiring only that courts look to the merits of a party’s position and/or whether the case was litigated unreasonably.  Several circuit courts and district courts have adopted this standard for the Lanham Act, while others have either declined to apply it or have not yet assessed its applicability.  The article evaluates several recent cases and trends. CLICK TO READ

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