Legal Opinion
Tamko Roofing Products, Inc. v. Ideal Roofing Co.
Court of Appeals for the First Circuit
Decided March 7, 2002No. Nos. 01-1382, 01-2273PublishedCited by 81 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
Tamko Roofing Products, Inc. won its trademark infringement case against Ideal Roofing Company, Ltd. after a six-day jury trial. The district court awarded Ideal’s profits to Tamko, ordered Ideal to pay Tamko’s attorneys’ fees, which amounted to a sum larger than the profits, and is*27sued a permanent injunction. Ideal now appeals each of these district court actions.
We affirm. We reject Ideal’s argument that bad faith or fraud is a necessary condition to an award of attorneys’ fees under section 35 of the Lanham Act; willful conduct may be sufficient when the trial court…
2Cases cited49 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Califano v. YamasakiSupreme Court of the United States · 1979
- Julia M. O'ROuRke v. City of ProvidenceCourt of Appeals for the First Circuit · 2001
44 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Quick Technologies, Inc. v. The Sage Group Plc And, Sage Us Holdings, Inc. Quick Technologies, Inc. v. Sage Software, Inc.Court of Appeals for the Fifth Circuit · 2003
- New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)Court of Appeals for the First Circuit · 2002
- Perry v. BlumCourt of Appeals for the First Circuit · 2010
- Vaquería Tres Monjitas, Inc. v. IrizarryCourt of Appeals for the First Circuit · 2009
- The Taubman Company v. Webfeats, a Texas Company and Henry Mishkoff, an IndividualCourt of Appeals for the Sixth Circuit · 2003
76 more not listed; retrieve them via the Exa API.