Intellectual Property – Preponderance standard governs Lanham Act fees

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com and Appellee Verisign Inc. both sell internet domain names. Verisign operates the .com and .net domains. In ...

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North Carolina Lawyers Weekly

Intellectual Property – Preponderance standard governs Lanham Act fees

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