United States Third Circuit

In an unfair competition suit brought by a former MLB pitcher raising claims of misdescription, dilution, and cybersquatting, a decision declining to award attorneys' fees to plaintiff-prevailing party is affirmed where the district court did not abuse its discretion in finding that, in the context of the Lanham Act, the case was not "exceptional" enough to merit an award of attorneys' fees to the pitcher for defendant's conduct.

Appellate Information

• Decided 05/08/2007
• Published 05/08/2007

Judges

• Before:  McKEE and AMBRO, Circuit Judges, ACKERMAN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John M. Elliott, John P. Elliott, Elliott, Greenleaf, and Siezikowski, P.C., Blue Bell, Pennsylvania, Counsel for Appellant.


• For Appellees:
  
• Gregory M. Castaldo, Schiffrin & Barroway, LLP, Radnor, Pennsylvania, Counsel for Appellees.