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VERISIGN, INC. v. XYZ.COM LLC

No. 17-1704.

891 F.3d 481 (2018)

VERISIGN, INCORPORATED, Plaintiff-Appellee, v. XYZ.COM LLC; Daniel Negari, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 29, 2018.

Attorney(s) appearing for the Case

ARGUED: Derek Newman , NEWMAN DU WORS LLP, Seattle, Washington, for Appellants. Randall Karl Miller , VENABLE LLP, Tysons Corner, Virginia, for Appellee. ON BRIEF: Jason B. Sykes , NEWMAN DU WORS LLP, Seattle, Washington, for Appellants. Nicholas M. DePalma , VENABLE LLP, Tysons Corner, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Floyd wrote the opinion in which Judge Wynn and Judge Harris joined.

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award "reasonable attorney fees to the prevailing party" in "exceptional cases." For the reasons that follow, we hold that a prevailing party need only prove an exceptional case...

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