Trademark Attorney Review of Great Lakes Transportation v. Yellow Cab of Florida
Trademark Attorney Review of Great Lakes Transportation v. Yellow Cab of Florida In a case for trademark infringement, attorneys’ fees and costs can be awarded for exceptional trademark cases. However, it is important to recognize the difference between a trademark infringement case versus a contract dispute between two former partners for the use of a trademarked name. This is why it is vital to hire an experienced trademark attorney that understands the nuances of trademark law. Too many attorneys claim to practice trademark law when in fact these attorneys have no real experience in trademark law. In this case, the dispute over whether trademark law applies cost the plaintiff a significant amount of attorneys fees. In fact, the case overall generated 351 separate docket entries which likely required a substantial amount of attorney's fees. Background The dispute arose over the use of METRO CARS and METRO CARSFL where there was allegedly a written agreement that provided a license for the trademarks. The agreement provided that termination of the agreement required discontinued use of the METRO CARSFL. It appears that the trademark argument was that because discontinuation should have occurred, the case shifts to trademark infringement. However, a seasoned trademark attorney would likely recognize that this is a breach of contract. This also highlights the importance of a carefully drafted contract that specifies what happens at the termination of the agreement. It is important to note that the Defendant proffered evidence supporting the argument that a license agreement never existed. Exceptional Cases The Lanham Act allows the court to award attorney’s fees to the prevailing party in exceptional cases. However, “exceptional” is not otherwise defined by the Act. In some cases, the courts have held that [...]
