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TAMKO ROOFING PRODUCTS v. IDEAL ROOFING CO.

Nos. 01-1382, 01-2273.

294 F.3d 227 (2002)

TAMKO ROOFING PRODUCTS, INC., Plaintiff, Appellee, v. IDEAL ROOFING COMPANY, LTD., Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 28, 2002.

Attorney(s) appearing for the Case

H. Joseph Hameline, Rosemary M. Allen, Geri L. Haight, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., and Michael B. Clapp on brief for appellant.

Christopher R. Benson, Marcy Hogan Greer, Susan J. Hightower, and Fulbright & Jaworski L.L.P. on brief for appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Tamko Roofing Products, after winning its trademark infringement action at trial, and prevailing on a subsequent appeal by the infringer Ideal Roofing Company, brings this application for an award of reasonable attorneys' fees and expenses in connection with the appeal. We articulate the standards to be used in the analysis and deny Tamko's application because we find that Ideal's appeal did not constitute an exceptional case within the meaning...

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