Legal Question in Intellectual Property in New Jersey
Trademark Lawsuits - Who foots the bill
When being sued for trademark infringement on an item (sign), who is responsible for paying all the attorney fees, court costs, etc. I have heard that the burden falls on the defendent for all costs involved in defending his 'item', that the one suing for trademark infrigement doesn't have to pay even though they brought the lawsuit against the defendent. True?
2 Answers from Attorneys
Re: Trademark Lawsuits - Who foots the bill
The plaintiff can seek recovery of its legal fees from the defendant, but it's not automatic. In trademark cases, fees can be recoverable in exceptional or willful cases, but that's far from the norm. Of course, the defendant has to pay his own fees.
Re: Trademark Lawsuits - Who foots the bill
Each party usually pays their own fees, but in exceptional circumstances the looser foots the bill.
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