LHO Chicago River, LLC v. Perillo

942 F.3d 384 (2019)

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LHO Chicago River, LLC v. Perillo

United States Court of Appeals for the Seventh Circuit
942 F.3d 384 (2019)

Facts

LHO Chicago River, LLC (LHO) (plaintiff) owned a luxury hotel in Chicago that was rebranded in 2014 as Hotel Chicago. Two years later, Joseph Perillo, Rosemoor Suites, LLC, Portfolio Hotels & Resorts, and Chicago Hotel, LLC (collectively, Perillo) (defendants) opened another hotel named Hotel Chicago three miles from the LHO-owned hotel. LHO sued Perillo in federal district court for claims including trademark infringement and unfair competition under the Lanham Act. After the case had been pending for a year, LHO voluntarily moved to dismiss the case with prejudice. The district court granted the motion to dismiss. Perillo filed a postjudgment motion seeking attorney’s fees under § 1117(a) of the Lanham Act, which permitted the recovery of fees by the prevailing party in exceptional cases. The district court denied Perillo’s motion for attorney’s fees, finding the case was not exceptional because there was no abuse of process committed by LHO. Perillo appealed.

Rule of Law

Issue

Holding and Reasoning (Manion, J.)

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