Nike Finds Third Circuit Open to Second $5 Million Fees Reversal

Nike garnered some support from Third Circuit judges to again undo a $5 million attorney fees award in a case that found the athletic-wear giant willfully infringed a “Cool Compression” trademark.

Two members members of the three judge panel appeared sympathetic to Nike’s arguments that a district court failed to properly justify the reworked $5 million award—which now sits at $5.8 million—during oral argument Tuesday at the US Court of Appeals for the Third Circuit.

Nike attorney Stanley Panikowski of DLA Piper argued the latest decision in Lontex LLC’s lawsuit failed to consider the the district court’s own prior findings ...