TAKECARE CORP. v. TAKECARE OF OKLAHOMA, INC.

No. 88-1271.

889 F.2d 955 (1989)

TAKECARE CORPORATION, Plaintiff-Appellee, v. TAKECARE OF OKLAHOMA, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 17, 1989.


Attorney(s) appearing for the Case

Harris Zimmerman (Michael J. Cronen, Oakland, Cal., and N. Kay Bridger-Riley of Zarbano, Bridger-Riley, P.C., Tulsa, Okl., with him on the briefs), Oakland, Cal., for plaintiff-appellee.

Donald M. Bingham of Chapel, Wilkinson, Riggs & Abney, Tulsa, Okl., for defendant-appellant.

Before HOLLOWAY, Chief Judge, and MOORE and TACHA, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

The Lanham Act permits a prevailing party to recover attorney fees "in exceptional cases." 15 U.S.C. § 1117(a). In this appeal, we are asked to decide whether defendant's reliance on the advice of counsel removes his otherwise wilful conduct from § 1117(a) sanction. Under the circumstances of this case, we hold it does not because of the absence of any evidence establishing reasonable reliance. We therefore affirm the district...

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