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Court Watch

By Cynthia M. Klaus and Bryan Huntington
August 02, 2015

Court Awards Franchisor Attorneys' Fees in Trademark Infringement Action Against Competitor

As trademark infringement actions can involve hundreds of thousands of dollars in attorneys' fees for each party, a critical consideration for potential infringement plaintiffs may be whether they are likely to be awarded their fees. In certain “exceptional cases,” federal law allows parties claiming trademark infringement to be awarded their attorneys' fees. The recent decision of the federal District Court for the District of Minnesota in Zerorez Franchising System, Inc. v. Distinctive Cleaning, Inc., No. 13-2326 (D. Minn. May 5, 2015), demonstrates that patience and restraint could increase a franchisor's odds of recovering its fees in trademark litigation with a competitor.

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