This this is a trademark law case, and it’s interesting in its own right; but the discussion of the “American rule” is just as interesting. Some will argue a “loser pays” rule discourages justice and has a chilling effect on access to the courts, but this post offers a pretty good summary of the other side, which is persuasive to me. (I’d suspect I’m in the minority as a lawyer on this question.)
Will Louis Vuitton have to pay for its hyper-aggressive campaign against alleged trademark infringement?
Source: My other case is …