Fleischmann Distilling Corp. v. Maier Brewing Co.

This is a trademark case arising under the Lanham Act (60 Stat. 427, 15 U. S. C. §§ 1051-1127) in which our sole concern is with the relief that may be granted when deliberate infringement of a valid trademark has been established. The question is whether federal courts have power in that context to award reasonable attorney’s fees as a separate element of recovery in light of § 35 of *715the Act which enumerates the available compefisatory remedies.1

The scope of petitioners’2 trademark and the fact of respondents’3 infringement were determined by the Court of- Appeals for the Ninth Circuit at an…