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NOXELL CORP. v. FIREHOUSE NO. 1 BAR-B-QUE REST.

Nos. 84-5167, 84-5196.

771 F.2d 521 (1985)

NOXELL CORPORATION, et al., Appellants, v. FIREHOUSE NO. 1 BAR-B-QUE RESTAURANT, d/b/a San Francisco Firehouse Station No. 1, Inc., et al. NOXELL CORPORATION, et al. v. FIREHOUSE NO. 1 BAR-B-QUE RESTAURANT, d/b/a San Francisco Firehouse Station No. 1, Inc., et al., Appellants, Peter Lyons, d/b/a Firehouse No. 1 Bar-B-Que Restaurant.

United States Court of Appeals, District of Columbia Circuit.

As Amended August 23 and August 30, 1985.

Rehearing Denied October 11, 1985.

Attorney(s) appearing for the Case

Seth P. Waxman and Stephen L. Nightingale, Washington, D.C., were on the motion for attorney fees.

George T. Mobille and Robert W. Adams, Washington, D.C., were on the reply to motion for attorney fees.

Before WALD, GINSBURG, and SCALIA, Circuit Judges.

Rehearing En Banc Denied October 11, 1985.

Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge WALD.

GINSBURG, Circuit Judge:

We here rule on a motion for attorney fees invoking section 35 of the Lanham Act, 15 U.S.C.A. § 1117(a) (West Supp.1985). The provision in question, applicable to trademark infringement litigation, authorizes court-awarded fees "to the prevailing party" in cases found...

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