In Issue Of First Impression, 11th Circuit Applies Octane In Lanham Act Case

Mealey's (March 9, 2018, 12:22 PM EST) -- ATLANTA — A Florida federal judge did not err in awarding attorney fees to a defendant accused of false advertising, because the case qualifies as “exceptional” under the U.S. Supreme Court’s holding in Octane Fitness, LLC v. ICON Health & Fitness, Inc., the 11th Circuit U.S. Court of Appeals ruled March 8 in what it deemed an issue of first impression (Edward Tobinick MD v. Dr. Steven Novella, No. 16-16210, 11th Cir., 2018 U.S. App. LEXIS 5845)....