District Court Reiterates that Standard for Recovering Attorney Fees Under Lanham Act Is High in Healthmate v. French
November 10, 2017
Authored and Edited by Jonathan Uffelman; B. Brett Heavner
In Healthmate International, LLC v. French, No. 15-0761-CV-W-BP, 2017 WL 4987651 (W.D. Mo. Oct. 31, 2017 ), the Western District of Missouri found the case was not exceptional and denied Healthmate’s motion for attorneys’ fees. Though it denied Rampant Lion’s false-advertising counterclaim, the court found Rampant Lion had a non-frivolous basis upon which to assert it based on Healthmate’s inaccurate website statements that its products were “FDA approved.” Further discussion of the decision can be found on Finnegan’s INCONTESTABLE® Blog.
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