10th Circuit Adopts Octane Standard In Lanham Act Cases

Mealey's (June 14, 2021, 9:58 AM EDT) -- DENVER — The term “exceptional case” as it exists in Section 285 of the Patent Act does not differ in meaning from the term used in Section 1117(a) of the Lanham Act, a panel of the 10th Circuit U.S. Court of Appeals ruled June 8, affirming an award of attorney fees on behalf of defendants who prevailed on allegations that they violated an injunction entered in a trademark case....