United States Third Circuit
Singer Management Consultants, Inc. v. Milgram, 09-2238
In an action for attorney fees, arising out of an underlying suit involving New Jersey's Truth in Music Act and the validity of unregistered trademarks under the Act, the district court's denial of fees is affirmed where, under Supreme Court precedent in Buckhannon, 532 U.S. 598 (2001), a party does not prevail‖ within the meaning of 42 U.S.C. section 1988 if it obtains a temporary restraining order the day after it files suit (after a hearing but before briefing from the opposing side), but 22 days later is denied a preliminary injunction because the opposing party‘s voluntary change of position moots the case.
Appellate Information
- Decided 06/15/2011
- Published 06/15/2011
Judges
- AMBRO
Court
- United States Third Circuit