What is the current state of the law on attorneys' fees under the Lanham Act?

MultiRegion, United States of America

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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