Express Homebuyers USA, LLC v. WBH Marketing, Inc. et al, No. 1:2017cv00736 - Document 151 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION re Motion for attorney's fees. Signed by District Judge T. S. Ellis, III on 10/25/18. (klau, )
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Express Homebuyers USA, LLC v. WBH Marketing, Inc. et al Doc. 151 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division EXPRESS HOMEBUYERS USA,LLC, Plaintiff, ) ) ) ) ) ) ) ) ) V. WBH MARKETING,INC., Defendant. Civil Action No. l:17-cv-00736 MEMORANDUM OPINION Plaintiff, a Virginia company engaged in the homebuying business, prevailed in the underlying trademark action, and has now filed a motion seeking attorney's fees pursuant to 15 U.S.C. § 1117(a). At issue, post-summary judgment,is whether, as plaintiff contends, this case is an "exceptional case" and thus warrants the award offees under § 1117(a)ofthe Lanham Act. For the reasons stated below, plaintiff has not shown that defendant's positions in this litigation were objectively unreasonable, nor that there is a need in this particular case to grant an award of fees in order to advance considerations of compensation and deterrence, nor that this case is otherwise "exceptional." Accordingly, plaintiffs motion must be denied. I. On June 28, 2017, plaintiff filed a complaint pursuant to 15 U.S.C. § 1064 seeking cancellation of defendant's two registered trademarks, "We Buy Houses" and "webuyhouses.com." As is typical in trademark cases, there was in this case a threshold motion to dismiss that was briefed, argued and resolved, followed by the filing of an answer that included, as is also not atypical in trademark cases, various counterclaims. The parties then engaged in discovery,in which various depositions were taken but neither party sought leave to take additional depositions beyond the number permitted by Rule 30, Fed. R. Civ. P., and Local Rule 30, Local 1 Dockets.Justia.com
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