Case: Trademarks/Attorneys’ Fees (9th Cir.)

The Ninth Circuit affirmed the decision of a federal district court in California finding Arcona Inc.'s action against Farmacy Beauty LLC for counterfeiting its eye cream, based on the use of the trademarked term “Eye Dew” on its skincare products, to be exceptional and awarding Farmacy Beauty $504,382 in attorneys’ fees. The district court court granted summary judgment for Farmacy, holding that a reasonable consumer wouldn’t confuse Farmacy’s skincare product with Arcona’s product, and the Ninth Circuit affirmed and held that a counterfeit claim requires a showing of likelihood of confusion. According to the Ninth Circuit, the district court didn’t ...