Seattle Trademark Lawyer

Folks may remember the false advertising trial we had last year in the Western District (STL posts here and here.)

Or perhaps the jury’s $10 million award, which the Western District reduced to just under $500k. The court also found the case was “exceptional” and awarded attorney’s fees.

At issue was plaintiff National Products, Inc.’s (NPI) claim that competitor Gamber-Johnson LLC made false statements in a promotional video that compared the safety benefits of Gamber’s emergency vehicle laptop mounting system with NPI’s system.

Both parties appealed Judge James Robart’s decision.

On Sept. 7, the Ninth Circuit affirmed. The opinion is short and sweet.

“NPI presented sufficient evidence to support its false advertising claim, including the jury findings of falsity and deliberateness. Therefore, the district court did not err in denying Gamber’s motions for judgment as a matter of law with respect to liability.

“The award of attorneys’ fees was not an abuse of discretion. Under the Lanham Act, the district court may award attorneys’ fees to the prevailing party ‘in exceptional cases.’ A case is ‘exceptional’ when the conduct is ‘willful, deliberate, knowing or malicious.’ Because sufficient evidence supported the jury’s finding of deliberateness, the district court did not abuse its discretion in awarding attorneys’ fees to NPI.

“The district court did not err in exercising its discretion to reduce the jury award of profits because the award was excessive.”

The case cite is National Products Inc. v. Gamber-Johnson LLC, Nos. 10-35826 and 10-36118 (9th Cir. Sept. 7, 2011).