Seventh Circuit Adopts Patent Case Fee Standard for Trademarks

The U.S. Court of Appeals for the Seventh Circuit joined several other circuit courts in finding the Supreme Court’s “exceptional case” standard for attorneys’ fees in patent cases applies to trademark cases as well.

The appeals court’s earlier “abuse of process” standard for attorneys’ fees was too strict, the court said Nov. 8.

LHO Chicago River LLC owns a downtown Chicago hotel that rebranded as “Hotel Chicago” in 2014. Joseph Perillo later opened his own “Hotel Chicago” three miles away, and LHO sued for trademark infringement. LHO dropped its claims with prejudice, and Perillo requested attorneys’ fees.

The Seventh Circuit ...