“Exceptional” Case

“Exceptional” case warranting award of attorneys’ fees to prevailing defendant under 15 U.S.C. §1117(a) is one in which plaintiff has brought suit that could fairly be described as “oppressive.”  In present case, the plaintiffs had colorable legal arguments to support their infringement claims, and thus, is not “oppressive.”  (Eagles Ltd. v. American Eagle Foundation, 69 USPQ2d 1681, CA 6, 1/29/04).

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