Fees on Fees Available Under Lanham Act

The magistrate judge recommended partially granting defendant’s motion for fees incurred in bringing a motion for attorney fees. “Although [defendant] has not provided citation to, and independent research has not discovered, a case from the Eighth Circuit or the District of Minnesota which discusses in detail whether ‘fees on fees,’ as fees incurred by bringing a motion for attorney fees are known, are appropriate in Lanham Act cases, there is at least one case from the District of Minnesota awarding such fees on fees in a Lanham Act case, albeit without extensive discussion. In addition, the general consensus of Federal Courts in other jurisdictions is that fees on fees in Lanham Act cases are permissible. As the United States District Court for the Northern District of Illinois stated in Breftord Mfg., Inc. v. Smith Syst. Mfg. Co., 421 F. Supp. 2d 1117 (N.D. Ill. 2006): ‘An allowance of reasonable fees for presenting a successful fee petition is the only way a fee applicant can be made whole. If it must absorb the cost of proving the appropriate amount, it will be sacrificing part of the award.'”

Jalin Reality Capital Advisors, LLC v. Hartford Casualty Insurance Company, 0-11-cv-00165 (MND 2018-02-09, Order) (Leo I. Brisbois)

2018-02-13T13:45:03+00:00February 13th, 2018|Docket Report, Trademark|