Interstellar Starship Services, Ltd. v. Epix Inc.

Epix, Inc. appeals á summary judgment for ' Interstellar Starship Services, Ltd. (“ISS”), and ISS cross-appeals the denial of its request for attorneys’ fees. In a published opinion, 983 F.Supp. 1331 (D.Or.1997), the district court held that ISS’s maintenance of an internet web page at “epix.com” did not infringe Epix’s registered trademark, “EPIX,” and granted declaratory judgment to ISS. The district .court then denied ISS’s request for attorneys’ fees. We have jurisdiction under 28 U.S.C. § 1291 (1994), and we reverse and remand the grant of summary judgment in favor of ISS. We affirm the denial of ISS’s request for attorneys’ fees.

I

Epix manufactures and sells video imaging hardware and software and provides consulting services to customers with regard to its products. Epix registered “EPIX” with the United States Patent and Trademark Office (“PTO”) in 1990, claiming a first-use date of November 1984. The tendered and accepted purpose of the “EPIX” trademark encompassed “printed *1109 circuit boards and computer programs for image acquisition, processing, display and transmission in class 9.” The “EPIX” trademark acquired incontestable status in December, 1996. The…