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Attorneys' fees recoverable without proof of bad faith. (Trademark).(Brief Article)
In Tamko Roofing Products Inc. v. Ideal Roofing Co., Ltd. [61 U.S.P.Q. 2d 1865 (2002)], the First Circuit ruled that a district court could determine that a trademark action constituted an "exceptional case" sufficient to award attorneys' fees under the Lanham Act even without proof of bad faith by the defendant. (Traditionally, proof of bad faith is required in …
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