Trademark Applicant Tells Supreme Court Attorney Fees Award Was Improper
(November 12, 2015, 12:20 PM EST) -- WASHINGTON, D.C. — An appellate court’s decision to award attorney fees to the prevailing party in an ex parte trademark proceeding conflicts with Section 21(b) of the Lanham Act, a trademark applicant argues in a petition filed Oct. 29 with the U.S. Supreme Court (Milo Shammas v. Margaret A. Focarino, Commissioner of Patents, No. 15-563, U.S. Sup.).
(Petition for writ of certiorari available. Document #78-151116-004B.)
A divided Fourth Circuit U.S. Court of Appeals ruled April 23 that the imposition of all expenses on a plaintiff in...