Intellectual Property: $132,571.50 Attorney’s Fees Order In Trade Dress Infringement Suit Is Sustained On Appeal By The Ninth Circuit

The Case Was Exceptional Based On Defendant’s Willful Infringement, Failing To Cease And Desist, And Resisting An Injunction, As Well As The High Strength Of Plaintiff’s Case.

            In Jason Scott Collection, Inc. v. Trendily Furniture, LLC, Case No. 21-16978 (9^th Cir. May 30, 2023) (published), plaintiff brought a successful trade dress infringement claim under the Lanham Act against defendant for intentionally copying three unique high-end furniture designs by plaintiffs and selling nearly identical pieces to Texas retailers.  Aside from compensatory damages awards, the lower court also found the case to be “exceptional” for purposes of justifying an attorney’s fees award under 15 U.S.C. § 1117(a) of the Lanham Act, awarding plaintiff $132,571.50.  The Ninth Circuit affirmed under its SunEarth test relating to fees, finding that “exceptionality” was shown by defendant’s willful infringement, failng to comply with cease- and-desist letters, and resisting an injunction, paired with the high strength of plaintiff’s case (attaching photographs to show the similarity of the designs on both sides).