Hallacker v. National Bank & Trust Co.

How courts have described this case

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

• upholding a denial of a defendant’s request for attorney’s fees for claims defeated at summary judgment
• no error in district court’s “proceeding to the [intrinsic test] to make its determination at summary judgment stage”
• “Bad faith is not a prerequisite to a Lanham Act fee award.” (citations omitted)
• “Although an award is not preconditioned on a showing of bad faith or frivolity, a losing plaintiff's good faith in bringing a colorable claim will justify a district court's denial of fees.”
• “Summary judgment is not favored, but when substantial similarity is the sole issue it is appropriate if the works are so dissimilar that ‘reasonable minds could not differ as to the absence of substantial similarity in expression.”
• referring to this as “the intrinsic test”

Source: CourtListener parenthetical corpus (CC0).