Fifth Circuit Relaxes Standard for Awarding Attorneys’ Fees in Trademark Suits

With its May 2016 decision in Baker v. DeShong, the Fifth Circuit became the most recent appeals court to relax the standard for awarding attorneys’ fees in trademark disputes. Applying the Supreme Court’s Octane Fitness ruling on fee-shifting in patent cases to Lanham Act suits, the Fifth Circuit concluded litigants need only show a case “stands out” from…