Opinion
99 C 5377.
April 4, 2001
On February 13, 2001, I granted defendants' motion for summary judgment in this trademark dispute between plaintiff Toyota Motor Sales, manufacturer of "Lexus" automobiles, and defendants Gonzalo and Gloria Rodriguez, owners of the "Lexxns" nightclub on Chicago's Northwest side. Defendants now ask me to amend my order to award defendants' attorneys' fees.
Under the Lanham Act, 15 U.S.C. § 1117(a), a court "in exceptional cases may award reasonable attorney fees to the prevailing party." The Seventh Circuit has defined "exceptional cases" as those in which the plaintiff's suit was "oppressive" and had "elements of an abuse of process." Door Systems, Inc. v. Pro-Line Door Systems, Inc., 126 F.3d 1028, 1031 (7th Cir. 1997).
Toyota's unsuccessful trademark infringement suit was not "exceptional" within the meaning of § 1117. While I found that defendants' use of the name "Lexxns" did not infringe on Toyota's mark, I cannot say that plaintiff's claims were patently baseless. Toyota brought suit after learning that Gonzalo and Gloria Rodriguez registered their club as "Lexxus" with the Illinois Secretary of State and listed it in the Ameritech telephone directory in the same fashion. The "Lexxus" listings — which defendants characterize as careless errors — nonetheless contributed to the commencement and the duration of this lawsuit. Even if I accepted defendants' representation that the "Lexxus" listings were mere errors (which I could not do without making a credibility determination), plaintiff certainly did not know this at the time it brought suit. As the lawsuit proceeded, plaintiff was entitled to take the position that the "Lexxus" listings were not inadvertent, but, in fact, purposeful attempts to associate Profile's club with Toyota's automobile.
As it turned out, it was unnecessary for me to decide whether use of the term "Lexxus" would infringe upon Toyota's mark since both parties agreed that defendants corrected the "Lexxus" listings either shortly before or shortly after plaintiff filed suit.
I do not believe that defendants' use of the term "Lexxns" infringed or diluted Toyota's mark. Still, given defendants' failure to assure that its business was registered properly and accurately with the Secretary of State, neither do I believe that plaintiff's suit was oppressive nor an abuse of process.
Defendants' motion for an award of attorneys' fees is denied. I award defendants their costs in the amount of $1,459.11.