Fair Wind Sailing Inc v. H. Dempster

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that under Octane Fitness , a district court's discretion in determining exceptionality under the Lanham Act \is not cabined by a threshold requirement that the losing party acted culpably\
• holding that Octane Fitness 's interpretation of an \exceptional\ case under the Patent Act controls its interpretation under § 1117(a) because the language is identical and because Congress referenced the Patent Act in passing § 1117(a)
• ruling website trade dress functional without discussing whether functionality test is altered for websites
• holding interpretation of “exceptional” under the Patent Act “controls” interpretation under the Lanham Act
• advising that courts “should scrutinize a plaintiff’s description of its trade dress” and consider whether the plaintiff has articulated “the specific elements which comprise its distinct dress” before reaching the question of whether a plaintiff’s trade dress is protectable
• eliminating the first step of the traditional “two-step process” that required a finding of culpability on the part of the non-prevailing party

Source: CourtListener parenthetical corpus (CC0).