Express Homebuyers USA, LLC v. WBH Marketing, Inc. et al

Filing 151

MEMORANDUM OPINION re Motion for attorney's fees. Signed by District Judge T. S. Ellis, III on 10/25/18. (klau, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

EXPRESS HOMEBUYERS USA,LLC,
Plaintiff,

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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
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