In yet another advance on trademark attorney fees in IP cases (see here and here). In San Diego Comic-Con v. Fan-X, the district court awarded San Diego Comic-con nearly $4,000,000 in attorney fees in a trademark case. To emphasize the poor performance the judge felt the attorneys muddled through “head in the sand litigation strategies” that “resembled a broken record,” to the extent the judge felt the behavior rose to the level of “misconduct during the trial.”
Two open questions: what while the Ninth Circuit think, as this case will surely be appealed since the jury award was only $20,000; and will Fan-X will seek malpractice?
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