The fact that the jury did not find that [plaintiff] had proven those claims by a prepondernece of evidence does not lead to the conclusion that they were necessarily brought in bad faith. Further, the jury’s finding of bad faith on the unfair competition claims is irrelevant here, as the relevant inquiry is whether [plainitff]‘s litigation tactics were premised on bad faith, and not whether its pre-Complaint conduct in preventing [defendant] from using the [Marks] in certain ways was done in bad faith.

Motion for fees was denied (however costs were awarded).
Decision Farberware Costs Exceptional