Attorney Fees

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7^th Circuit Court of Appeals

Case Name: Timothy B. O’Brien LLC v. David Knott, et al.,

Case No.: 19-2138

Officials: FLAUM, KANNE, and BRENNAN, Circuit Judges.

Focus: Attorney Fees

David Knott, an employee of Wisconsin wellness retail store Timothy B. O’Brien, LLC (“Apple Wellness”), left the company and started a similar, competing wellness shop. Apple Wellness sued Knott for trademark and copyright infringement. Knott countersued. The district court found the copyright claims baseless but commented that the trademark claims might have merit. Nonetheless, Apple Wellness later voluntarily dismissed all its claims with prejudice, and the district court declined to exercise supplemental jurisdiction over the counterclaims. All that remained was Knott’s motion for attorneys’ fees. The district court denied that motion, and Knott appeals only as to the denial of fees on the copyright claims. Because the district court’s decision denying fees was well-reasoned and appropriate, we now affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.