Attorney Fee

Attorney Fee

Amazon CompetitionOccasionally, one party may against the other party in order to recover their attorney’s fees. This typically occurs when the other party has filed motion or acted in bad faith or when they have wasted the court’s time. The court usually awards attorney’s fees when it believes the other party has acted in a way that is inappropriate and as a result, harmful to the case presented and or the court. Dismissal of plaintiff’s action may cause the court to decide that defendant is entitled to recover attorneys’ fees or costs as a prevailing party.

In the cases addressed in this section, we often see Amazon filing to recover attorney’s fees. Amazon asserts that these plaintiffs acted in bad faith by not sufficiently stating their case in controversy and therefore should cover Amazon’s attorney’s fees. However, the party requesting reimbursement for attorney’s fees must meet a high burden of proof or the court must impose sanctions in order for there to be an award to recover any attorney’s fees.

  • A’lor Int’l v. Tappers Fine Jewelry, Inc., 605 F. App’x 662 (9th Cir. 2015).

This is a copyright infringement case in which A’lor International, Ltd. appeals a summary judgment order that ruled in favor of its competitors who are producers, distributors, and retailers of jewelry. The Court vacated the attorneys’ fees award because defendants were not prevailing parties with respect to the two designs that the district court dismissed without prejudice.

  • IPXL Holdings, L.L.C. v., Inc., 333 F. Supp. 2d 513, 2004 U.S. Dist. LEXIS 19909, 72 U.S.P.Q.2D (BNA) 1469 (E.D. Va. 2004).

Amazon could not collect Attorneys’ Fees and Costs when it did not file its motion within the allotted time frame allowed by law.

  • SmartData, S.A. v., Inc., 2015 U.S. Dist. LEXIS 152606, 2015 WL 6955000 (N.D. Cal. Nov. 10, 2015).

In this case, the court denied Amazon’s request for attorney’s fees because they did not find the plaintiff acted in bad faith in bringing this suit.

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Amazon Sellers Lawyer
Long Beach, NY 11561
Phone: 1-877-9-Seller