Ferrero U.S.A., Inc. v. Ozak Trading, Inc. Doron Gratch
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Chief Judge.
This is the second appeal arising out of a case brought under the Lanham Act by Ferrero U.S.A., Inc. against Ozak Trading, Inc. and its president, Doron Gratch (jointly referred to as Ozak), for Ozak’s parallel importation of TIC TAC breath mints manufactured for distribution in the United Kingdom. In this appeal Ozak challenges the district court’s award of attorneys’ fees and expenses to Ferrero U.S.A. in the amount of $160,997.11. We must consider whether the successful plaintiff made a showing that the case was “exceptional,” the statutory…
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