Fleischmann Distilling Corp. v. Maier Brewing Co.

Until this case, every federal court that has faced the issue has upheld judicial power to award counsel fees in trademark infringement cases.1 In order to overrule that *722unbroken line of authority, I would have to be satisfied that Congress has clearly declared that counsel fees may not be awarded. The Court’s opinion does not convince me that Congress has made any such declaration.2.

It is not enough to say that Congress did not expressly provide for counsel fees in the original Lanham Act and has not subsequently amended the Act to authorize their allowance. There are many reasons for…