Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company
- George Daniels
- 1:12-cv-01416
- U.S. District Court · Southern District of New York
- 2
In Excelled Sheepskin v. Oregon Brewing, Judge Daniels denied Oregon Brewing’s request for attorney’s fees and costs.
Oregon Brewing Company’s request for attorney’s fees and costs was denied; the opinion does not award fees or costs to Excelled Sheepskin.
What happened
Excelled Sheepskin & Leather Coat Corp. sued Oregon Brewing Company under the federal trademark law. After earlier rulings and an appeal, Oregon Brewing asked the court to award it attorney’s fees and costs.
A magistrate judge recommended denying that request. Neither party objected to the recommendation, so the district court reviewed it for clear error, meaning an obvious mistake.
Judge George B. Daniels found no error, adopted the recommendation, and denied Oregon Brewing Company’s motion for attorney’s fees and costs.
The detailed version
- Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company · No. 1:12-cv-01416
- George Daniels
- Sept. 9, 2020
Background
Excelled Sheepskin & Leather Coat Corp. brought this action against Oregon Brewing Company under the Lanham Act, the federal trademark statute. In 2014, the district court granted Excelled Sheepskin summary judgment on trademark infringement and dismissed Oregon Brewing’s counterclaims. The Second Circuit later vacated and reversed parts of that decision and sent the case back. The district court then granted Oregon Brewing partial summary judgment consistent with the appellate court’s instructions and entered judgment on December 6, 2019.
Motion for Fees and Costs
Oregon Brewing moved under Federal Rule of Civil Procedure 54(d)(2) for attorney’s fees and costs. Magistrate Judge Stewart D. Aaron issued a report recommending that the motion be denied. The parties did not file objections. When no objections are filed, the district court reviews the report for clear error, meaning a definite and firm conviction that a mistake was made.
Ruling
The district court reviewed the report and found no clear error or other error. It adopted Magistrate Judge Aaron’s report and denied Oregon Brewing Company’s motion for attorney’s fees and costs. The court directed the clerk to close the motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.