152757P.pdf   08/11/2016  East Iowa Plastics, Inc.  v.  PI, Inc.
   U.S. Court of Appeals Case No:  15-2757
   U.S. District Court for the Northern District of Iowa, Waterloo   
   [PUBLISHED] [Kelly, Author, with Shepherd and Beam, Circuit Judges] 
   Civil case - Trademarks. Once the district court found that plaintiff did 
   not suffer any damages from defendant's violation of Section 38 of the 
   Lanham Act, there was no further basis for plaintiff to have standing to 
   seek cancellation of the trademark registration; in the absence of 
   evidence that plaintiff suffered an injury from defendant's false or 
   fraudulent trademark registration, the district court lacked jurisdiction 
   to cancel federal registration of defendant's trademarks and the 
   cancellation is vacated; having obtained no damages, injunction or 
   cancellation from its Section 38 claim, there is no basis for concluding 
   plaintiff was the prevailing party, and the district court's award of 
   attorneys' fees is vacated; nor was plaintiff a prevailing party with 
   respect to defendant's trademark infringement and unfair competition 
   counterclaims and it was not entitled to attorneys' fees under Section 35 
   of the Act; however, the matter is remanded for further consideration of 
   plaintiff's claims that it was entitled to attorneys' fees because it 
   successfully obtained a declaration that it owned the disputed trademark.