DOOR SYSTEMS, INC. v. PRO-LINE DOOR SYSTEMS, INC.

Nos. 97-1077, 97-1162.

126 F.3d 1028 (1997)

DOOR SYSTEMS, INC., Plaintiff-Appellant, Cross-Appellee, v. PRO-LINE DOOR SYSTEMS, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 8, 1997.


Attorney(s) appearing for the Case

Robert G. Epsteen (submitted on briefs), George Bullwinkel, Harold J. Fassnacht, Eric F. Greenberg, Bullwinkel Partners, James Maher, Chicago, IL, for Plaintiff-Appellant, Cross-Appellee.

Todd S. Parkhurst, Gardner, Carton & Douglas, Thomas Bradley, Laner, Muchin, Dombrow, Becker, Levin & Tominberg, Mary J. Schwartz, Chicago, IL, Terry Sullivan, Rolling Meadows, IL, for Defendant-Appellee in No. 97-1077.

Terry Sullivan, Nancy J. Nicol, Judy Chessick, Rolling Meadows, IL, Marty J. Schwartz, Chicago, IL, for Defendant-Appellant in No. 97-1162.

Before POSNER, Chief Judge, and CUMMINGS and DIANE P. WOOD, Circuit Judges.


POSNER, Chief Judge.

The last time this trademark and deceptive practices case was before the court, we affirmed the judgment for the defendant. 83 F.3d 169 (7th Cir.1996). The defendant then moved in the district court for an award of attorneys' fees under both section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a), which authorizes an award of fees to the prevailing party in a trademark dispute "in exceptional cases," and the...

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