In most cases, the losing party to litigation under the Trademark Act does not have to pay the legal fees of the prevailing party. However, the Lanham Act governing trademark infringements allows for the payment of attorneys' fees in exceptional cases, such as those involving egregious, bad faith and willful infringement by the defendant. Lawsuits brought only under the common law normally do not award attorneys fees even when there is such bad conduct on the part of defendant.
