After a detailed review of Lanham Act “exceptional case” jurisprudence in U.S. circuit courts, the U.S. Court of Appeals for the Seventh Circuit ruled Nov. 23 that abuse of process is the underlying principle for the finding and the consequent award of attorneys' fees to the prevailing party.
The court affirmed a district court's award of attorneys' fees to the defendant in the instant case after finding that the plaintiff made the claim solely in an attempt to force the defendant to supply products at a lower price.
Read more about the case and Ice Miller's involvement.
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Comments for Abuse of Process Leads to Lanham Act 'Exceptional Case' Finding in Seventh Circuit