Intellectual Property News and Reports

David Knott, an employee of Wisconsin wellness retail store Timothy B. O’Brien, LLC (“Apple Wellness”), left the company and started a similar, competing wellness shop. Apple Wellness sued Knott for trademark and copyright infringement. Knott countersued. The district court found the copyright claims baseless but commented that the trademark claims might have merit. Nonetheless, Apple Wellness later voluntarily dismissed all its claims with prejudice, and the district court declined to exercise supplemental jurisdiction over the counterclaims. All that remained was Knott’s motion for attorneys’ fees. The district court denied that motion, and Knott appeals only as to the denial of fees on the copyright claims. Because the district court’s decision denying fees was well-reasoned and appropriate, we now affirm.

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