U.S. – Attorney’s fee awards in Lanham Act cases: An “exceptional” outcome
In this recent decision , the Fourth Circuit Court of Appeals clarified the requisite showing for obtaining an award of attorney fees under the Lanham Act. Reversing a decision out of the Eastern District of Virginia, the Fourth Circuit held that a party seeking attorney fees need only prove that its case is "exceptional" by a preponderance of the evidence , and not by the more stringent clear and convincing standard applied by the district court .