On June 5, 2015, the Northern District of California denied Fitbit, Inc.’s motion for attorneys’ fees and costs against plaintiff Fitbug Ltd. Both parties make and sell portable electronic fitness tracking devices, and Fitbug had alleged that Fitbit’s marketing and sale of similar devices under a similar name and logo infringed Fitbug’s trademarks. However, this past January, the court granted Fitbit’s motion for summary judgment, finding that Fitbug’s trademark infringement claims were barred by laches. Fitbit subsequently moved for its attorneys’ fees under 15 U.S.C.§ 1117(a), which authorizes fee-shifting in “exceptional cases.”
