Of Interest . . . Trade Dress - The Forgotten Trademark Right Securacomm Attorneys' Fee Decision - The United States Court of Appeals for the Third Circuit affirmed a District Court of New Jersey's award of attorneys fees for Lackenbach Siegel client Securacomm Consulting, Inc. of Pittsburgh, Pennsylvania. In affirming the District Court's award of $233,000 (now $300,000 with accured interest), the Circuit Court adopted Lackenbach Siegel's argument that, in determining whether a case is "exceptional" for the purposes of an award of attorneys fees under the federal Lanham (Trademark) Act, the same type of conduct which justifies an award of attorneys fees to a prevailing defendant justifies an award of fees to a prevailing plantiff. The Circuit Court rejected the defendants' argument that when a plaintiff prevails in a trademark infringement action, the case is exceptional if, and only if, the infringement was willful. Instead, the Third Circuit looked beyond the infringement and focused instead on the defendants' vexatious litigation conduct. For the full text of the decision, please click on the link provided above.