Lerner

MEMORANDUM *

Appellant Invision Media Services, Inc. (“Invision”) appeals the award of attorneys fees to Appellee Glen J. Lerner, P.C. (“Lerner”) after judgment for Lerner was entered on a jury verdict in the trial of Invision’s Lanham Act and Copyright Act claims and Lerner’s Lanham Act counterclaims. Invision argues the district court erred when it found that the case was “exceptional,” as required for an award of fees under the Lanham Act. See 15 U.S.C. § 1117 (a). It further argues that the dis *906 trict court abused its discretion in awarding fees under the Copyright Act. 17 U.S.C. § 505 . In his cross-appeal, Lerner contends that the district court erred in ruling that one of Lerner’s attorneys was ineligible for fees under both the Copyright and Lanham Acts for work performed prior to his formal enrollment as counsel in the case.

I

Whether a case is “exceptional” within the meaning of § 1117(a) of the Lanham Act is a question of law which we review de novo. Stephen W. Boney, Inc. v. Boney Servs., Inc., 127 F.3d 821, 825 (9th Cir. 1997). Where a trademark case is exceptional, we review a district court’s decision to award attorney’s fees for abuse of discretion.…