Law360 quotes Jim Hall in “A Year Later, Octane Is Taking Hold In Trademark Law”Print PDF
James C. Hall, a partner in the Intellectual Property Litigation practice group, was quoted by Law360 in “A Year Later, Octane Is Taking Hold In Trademark Law” on April 9. The article discusses how federal courts are extending the U.S. Supreme Court’s ruling in Octane Fitness to Lanham Act cases, making it riskier to bring questionable trademark claims. The majority of judges considering the issue have indicated that Octane, which made it easier to win attorney fees in patent cases, should apply to trademark cases as well.
“Given the outright adoption of the Octane Fitness standard by many courts, and the more passive avoidance of the issue by those courts that apply a similar standard anyway, it seems inevitable that the standard will become more widespread," said Jim.
To view the article, click here.