SunEarth Inc. v SunEarth Solar, et.al.: Easier to Shift Fees in 9th Circuit Trademark Cases

October 24, 2016.  In the matter of SunEarth, Inc. v. SunEarth Solar, the 9th Circuit has made less stringent the standard to shift fees to an adversary.  In the past, appellate courts across the country reviewed fee award standards under the "exceptional" standard, which normally required really bad conduct in litigation or…

Court Dismisses Trademark Case about SpongeBob Squarepants Ukuleles with a Flying V® shape

On November 5, 2013, the law firm of Bienstock & Michael, P.C., along with Buche & Associates, P.C. as California (Los Angeles) local counsel, successfully obtained a dismissal of a Plaintiff’s case in a trademark dispute between Plaintiff Gibson Brands (“Gibson”) and Defendant John Hornby Skewes & Co (“JHS”) because…