Legal Opinion
Tyler Green v. Greg Fornario Tyler Green Sports
Court of Appeals for the Third Circuit
Decided May 8, 2007No. 06-2649PublishedCited by 56 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
We decide whether the District Court abused its discretion in declining to award attorneys’ fees to a prevailing party in an unfair competition suit. This is a discretionary decision, and it turns on whether the Court believes that the case is, in the words of the Lanham Act, “exceptional.” In holding that the Court did not abuse its discretion here, we emphasize that the term “exceptional” is not, as the plaintiff seems to suggest, a throwaway. Rather, it calls for a district court to determine whether it finds a defendant’s conduct particularly…
2Cases cited11 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- Securacomm Consulting, Inc. v. Securacom Inc.Court of Appeals for the Third Circuit · 2000
- Alpo Petfoods, Inc. v. Ralston Purina CompanyCourt of Appeals for the D.C. Circuit · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Fair Wind Sailing Inc v. H. DempsterCourt of Appeals for the Third Circuit · 2014
- Bracco Diagnostics, Inc. v. Amersham Health, Inc.District Court, D. New Jersey · 2009
- Masimo Corp. v. Philips Electronic North America Corp.District Court, D. Delaware · 2014
- Classroomdirect. Com, LLC v. DRAPHIX, LLCSupreme Court of Alabama · 2008
- Gioconda Law Group PLLC v. KenzieDistrict Court, S.D. New York · 2013
51 more not listed; retrieve them via the Exa API.