Motown Productions, Inc. v. Cacomm, Inc.

Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”) requires that sanctions be imposed upon an attorney who advocates a position even though it is “patently clear that [the position] has absolutely no chance of success under the existing precedents, and ... no reasonable argument can be advanced to extend, modify or reverse the law as it stands....” Eastway Construction Corp. v. City of New York, 762 F.2d 243, 254 (2d Cir.1985). In a trademark case, section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a), (“Section 35”) provides for an award of attorneys’ fees to a prevailing party under…