United States Tenth Circuit

In plaintiff's appeal from the district court's order granting attorney's fees to defendant under the Lanham Act's fee provision, 15 U.S.C. section 1117(a), and alternatively under section 13-17-102 of the Colorado Revised Statutes, the order is reversed where defendant was not a prevailing party because plaintiff voluntarily dismissed the case without prejudice and without a court order under Fed. R. Civ. P. 41(a)(1)(A)(i).

Appellate Information

• Decided 07/09/2010
• Published 07/12/2010

Judges

• J. Leon Holmes

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Teresa L. Ashmore, Stephen C. Peters