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May/16

5th Circuit Extends Octane Fitness Fee Rule to Trademarks


Noting the similarity between the language of Section 285 of the Patent Act, the Fifth Circuit extends Octane Fitness to cover Section 1117(a) of the Lanham Act as to what constittutes an exceptional case for purposes of awarding attorney’s fees. Departing from the standard that ‘exceptional’ means a case that is brought in bad faith, Octane Fitness looks to the ordinary meaning of exceptional, namely uncommmon, rare, not ordinary, unusual, special and not run-pf-the-mill.

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