Express Homebuyers USA LLC v. WBH Mktg. Inc.

The court declined to award attorneys’ fees to the prevailing party in a trademark action. The defendant had an objectively reasonable legal and factual basis to argue that its marks were not generic because the PTO had registered the marks. Neither isolated incorrect legal arguments nor an unsubstantiated motion for reconsideration make this case an exceptional one that merits fees under the Lanham Act.

Motion for attorneys’ fees denied.

Express Homebuyers USA LLC v. WBH Mktg. Inc., No. 1:17cv736, Oct. 25, 2018. EDVA at Alexandria (Ellis).

Categories: U.S. District Court - Eastern District of Virginia

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