United States Third Circuit

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Fair Wind Sailing Inc v. H. Dempster, 13-3305

In this action alleging that defendants infringed upon plaintiff's trade dress in violation of the Lanham Act and unjustly enriched themselves by copying plaintiff's business, dismissal of plaintiff's trade dress and unjust enrichment claims and subsequent award of attorneys' fees to defendants is: 1) affirmed as to the trade dress and unjust enrichment claims, where plaintiff failed to adequately explain what "dress" it sought to protect, and plaintiff did not plead with sufficient particularity in what manner defendants had been unjustly enriched; and 2) vacated and remanded as to the award of attorneys' fees, where the award of reasonable fees would have been appropriate only to the extent that this was an "exceptional" case under section 35(a) of the Lanham Act.

Appellate Information

  • Decided 09/04/2014
  • Published 09/04/2014

Judges

  • Fuentes

Court

  • United States Third Circuit

Counsel