The following excerpt is from Nutrition Distribution LLC v. Ironmag Labs, LLC, 972 F.3d 1088 (9th Cir. 2020):
(per curiam). We have held that because the Lanham Act "permits , but does not mandate, an award of attorneys fees" in "exceptional" circumstances, "[a] party alleging that the district court erred by failing to award attorneys fees under 1117 faces an uphill battle." Gracie v. Gracie , 217 F.3d 1060, 1071 (9th Cir. 2000).
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