Ty, Inc v. Softbelly’s, Inc., No. 00 C 5230, 2007 WL 734394 (N.D. Ill. Mar. 6, 2007) (Lefkow, J.).
Judge Lefkow granted plaintiff’s, Ty, motion to make the case exception and grant it attorneys’ fees and expenses. A jury previously returned a verdict against defendant, Softbelly’s, for violations of the Lanham Act and common law unfair competition. The Court held that the case was exceptional because "Softbelly’s made an aggressive, uncounseled, and persistent endeavor to trade on the success and reputation of Ty’s marks."