In Royal Palm Properties, LLC v. Pink Palm Properties, LLC, the United States Court of Appeals for the Eleventh Circuit addressed as a matter of first impression whether district courts must declare a prevailing party for purposes of assessing attorneys’ fees and costs, or whether civil lawsuits can “end in a tie.” Plaintiff-Appellee, Royal Palm Properties, LLC (“Royal Palm”) brought suit against Defendant-Appellant, Pink Palm Properties, LLC (“Pink Palm”) for allegedly infringing on its registered service mark in violation of the Lanham Act. Pink Palm denied Royal Palm’s infringement claim and filed a counterclaim, seeking to invalidate Royal Palm’s trademark. After a jury trial and an appeal, Pink Palm successfully defended against the infringement claim, and Royal Palm successfully defended against the invalidation claim.
In an opinion by Judge Wilson, the Eleventh Circuit held that in a “mixed judgment” case, where there is “no material alteration in the legal relationship between the parties,” district courts are not required to declare a prevailing party (i.e., a “winner”).