United States Seventh Circuit

Reset A A Font size: Print

Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC, 10-2327

In a home healthcare services provider's suit against a seller of infrared lamps under the Lanham Act, district court's award of defendant's request for attorneys' fees based on 15 U.S.C. section 1117(a), which allows attorneys' fees to be awarded to prevailing parties in Lanham Act suits, but only in "exceptional cases," is affirmed as a case under the Lanham Act is "exceptional," in the sense of warranting an award of reasonable attorneys' fees to the winning party, if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which he was being sued, in order to impose costs on his opponent. Here, not only had the Lanham Act claim no possible merit, but the district judge found that plaintiff had made the claim in an attempt to coerce a price reduction from defendant, and to bring a frivolous claim in order to obtain an advantage unrelated to obtaining a favorable judgment is to commit an abuse of process.

Appellate Information

  • Argued 09/22/2010
  • Decided 11/23/2010
  • Published 11/23/2010

Judges

  • <a href="http://pview.findlaw.com/view/2581437_1">POSNER</a>

Court

  • United States Seventh Circuit

Counsel