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In the previous Blog posting I discussed most significant trademark cases of 2015 (http://maxvoltchenko.com/en/blog/Sputnik/most-important-us-trademark-court-cases-of-2015-personal-and-very-unof/). This installment deals with a particular issue, which perhaps did not get enough coverage in the media: fee-shifting remedy imposed on trademark bullies and gross intentional trademark infringers. In 2014, this Blog was one of the first sources that recognized that the U.S. Supreme Court's Octane Fitness...

On September 4, 2014, the Third Circuit, the circuit that covers Pennsylvania, New Jersey, Delaware and Virgin Islands, made it easier for a winning party to recover attorneys’ fees from a losing party in a trademark case. Fair Wind Sailing, Inc. v. Dempster, Nos. 13-3305 & 14-1572, 2014 U.S. App. LEXIS 17118 (Sept. 4, 2014). In U.S., each litigant generally pays its own attorneys’ fees, win or lose, unless a special statute applies. As I wrote earlier this year, in a case captioned as Octane...