Patent Commissioner Says Attorney Fees Were Proper In Trademark Proceeding
(February 18, 2016, 12:44 PM EST) -- WASHINGTON, D.C. — An appellate court’s decision to award attorney fees to the prevailing party in an ex parte trademark proceeding does not conflict with Section 21(b) of the Lanham Act, the commissioner of patents asserts in a Feb. 3 brief to the U.S. Supreme Court (Milo Shammas v. Drew Hirshfield, Commissioner of Patents, No. 15-563, U.S. Sup.).
(Respondent’s opposition brief available. Document #78-160222-005B.)
A divided Fourth Circuit U.S. Court of Appeals ruled April 23 that the imposition of all expenses on a plaintiff in an...