10th Circuit Reverses Attorney Fee Award On Lanham Act Claim

Mealey's (July 12, 2018, 8:06 PM EDT) -- DENVER — A stipulated dismissal with prejudice of allegations of trade dress infringement did not render a defendant the prevailing party for purposes of awarding attorney fees, the 10th Circuit U.S. Court of Appeals ruled June 26 (XClear Inc. v. Focus Nutrition LLC, No. 17-4126, 10th Cir., 2018 U.S. App. LEXIS 17363)....