Standard Terry Mills, Inc. v. Shen Manufacturing Co.

OPINION

LUONGO, Chief Judge.

In this lawsuit, plaintiff Standard Terry Mills sought a judgment declaring that the design of a kitchen towel sold by defendant Shen Manufacturing Company is in the public domain. Defendant filed counterclaims alleging that plaintiff, by manufacturing a kitchen towel almost identical to defendant’s towel, was guilty of common law trademark infringement and unfair competition. After a non-jury trial, I ruled in plaintiff’s favor but denied plaintiff’s request for attorneys’ fees under 15 U.S.C. § 1117(a). Presently before me is plaintiff’s motion under Fed.R.Civ.P.…