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BLISS COLLECTION, LLC dba bella bliss,
Plaintiff-Appellant (21-5723),
Plaintiff-Appellee (22-5361),
v.
LATHAM COMPANIES, LLC dba little english,
Defendant-Appellee (21-5723),
Defendant-Appellant (22-5361). |
Nos. 21-5723/22-5361 |
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:20-cv-00217—Claria Horn Boom, District Judge.
Argued: January 25, 2023
Decided and Filed: September 21, 2023
Before: BUSH, LARSEN, and MATHIS, Circuit Judges.
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OPINION
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MATHIS, Circuit Judge. In the latest chapter in the saga of two children’s clothing
manufacturers, we are asked to determine whether one of the manufacturers has properly brought
trademark and trade dress infringement claims against the other. And, if not, whether the
defending party is entitled to attorney’s fees. Bliss Collection, LLC and Latham Companies,
LLC have had a long and acrimonious relationship after one of Bliss’s founders left the company
to start Latham as a direct competitor. The parties have since engaged in sporadic litigation
against each other.
The district court dismissed Bliss’s trademark and trade dress infringement claims. After
Latham sought attorney’s fees for successfully defending against those claims, the district court
declined to award fees to Latham. Both parties appealed. We find that Bliss has stated claims
for federal and state trademark infringement but has not stated a claim for trade dress
infringement. We also find that the district court did not err in denying attorney’s fees to Latham
for defending the trademark and trade dress infringement claims. Therefore, we affirm in part
and reverse in part. |
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