Tamko Roofing Products, Inc. v. Ideal Roofing Company, Ltd.
United States Court of Appeals for the First Circuit
282 F.3d 23 (2002)
Relevant factsFree
After seeing Tamko's (plaintiff) "Heritage" trademark at a tradeshow, Ideal (defendant) adopted a nearly identical "Heritage Series" mark in similar cursive script, deliberately forwent a trademark search, and continued using the mark even after a preliminary injunction, resulting in a contempt finding; the jury found willful infringement, and the district court awarded Tamko attorneys' fees and a permanent injunction.
IssueFree
Whether, under the Lanham Act, a party who wins a trademark-infringement claim may recover attorneys' fees in exceptional circumstances.