Intellectual Property
May 20, 2026
Navigating attorney fee awards in trademark litigation
See more on Navigating attorney fee awards in trademark litigationIn the 9th Circuit, willful trademark infringement is no longer required for attorney's fees in Lanham Act cases, but it remains the key driver of "exceptional case" findings.
Trademarks are among a business's most valuable assets, embodying goodwill and reputation in the market. But protecting trademark rights is just as challenging as it is essential: litigation is expensive and the payoff is uncertain as it can be difficult to win substantial damages awards in trademark cases. To encourage trademark owners to pursue meritorious claims, the Lanham Act provides for fee-shifting: "the court in exceptional cases may award reasonable attorney fee...
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