Law360 Features Sizable Attorney Fee Award from Trademark Infringement Suit

On behalf of client Emerson Radio Corporation (Emerson), a team of Stevens & Lee litigators led by Mark H. Anania (Co-Chair, Intellectual Property),  Stacey A. Scrivani (Co-Chair, Litigation Department) and Kristen M. Smith (Associate, Intellectual Property) secured a finding of an exceptional case resulting in a $3.1 million award for attorney fees and $700,000 in enhanced damages after previously winning $6.5 million in disgorged profits and a permanent injunction in a trademark infringement suit against Emerson Quiet Kool, Home Easy, and others.

In a written opinion by the Hon. Gregory B. Williams of the U.S. District Court for the District of Delaware, the Court agreed that an award of attorney fees was warranted given the exceptional nature of the case and the fact that the defendants litigated their position in an “unreasonable manner.” In particular, there was a discrepancy in the merits of the positions taken by the parties, the defendants were unwilling to engage in proper trial preparations and they also exhibited a “pattern of delay and lack of representation” during proceedings.

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