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Trademark infringement litigation often carries significant financial and reputational stakes for businesses. The ability to recover attorneys’ fees can provide a powerful incentive for pursuing or defending such claims. However, under the Lanham Act, courts can only award attorneys’ fees to the prevailing party when the case is deemed “exceptional.” A recent ruling by the...

A trademark registration is presumptively valid for five years. However, after that time period, the rights to the trademark may become incontestable if the registrant proves the statutory requirements. One important recent federal circuit case is Great Concepts Management Group v. Chutter, Inc., WL 6854647 (Fed. Cir. Oct. 18, 2023). The Trademark Trial and Appeal...