Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332 (11th Cir. 2001). · Go Syfert
Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332 (11th Cir. 2001). Cases Citing This Book View Copy Cite
“plaintiffs failure to present sufficient evidence on four of the five lanham act elements, coupled with evidence of bad faith and improper motive, support the district court's conclusion that this case was an exceptional case justifying an award of attorney's fees.”
75 citation events (75 in the last 25 years) across 16 distinct courts.
Strongest positive: General Star National Insurance Company v. MDLV LLC (flsd, 2024-08-13)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) General Star National Insurance Company v. MDLV LLC
S.D. Fla. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
n agreed-upon rate is relevant evidence to determine the fee rate, but it is not necessarily determinative" and does not "act as a cap or ceiling in determining the reasonable hourly rate.
discussed Cited as authority (verbatim quote) Sream, Inc. v. CZH Holdings, LLC (2×) also: Cited as authority (rule)
S.D. Fla. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an 'exceptional case' is one that can be characterized as 'malicious, fraudulent, deliberate and willful,' or one in which 'evidence of fraud or bad faith' exists
discussed Cited as authority (verbatim quote) Donut Joe's, Inc. v. Interveston Food Services, LLC (2×) also: Cited as authority (rule)
N.D. Ala. · 2015 · quote attribution · 1 verbatim quote · confidence high
an exceptional case' is one that can be characterized as malicious, fraudulent, deliberate and willful, or one in which evidence of fraud or bad faith exists
examined Cited as authority (verbatim quote) Welding Services, Inc. v. Terry Forman (4×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
plaintiffs failure to present sufficient evidence on four of the five lanham act elements, coupled with evidence of bad faith and improper motive, support the district court's conclusion that this case was an exceptional case justifying an award of attorney's fees.
discussed Cited as authority (rule) Prosomnus Sleep Technologies, Inc. v. Nyree Penn, et al.
S.D. Fla. · 2026 · confidence medium
An “exceptional case” justifying a fee award under the Lanham Act “is one that can be characterized as malicious, fraudulent, deliberate and willful.” Tire 14 Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001) (quotation marks omitted).
discussed Cited as authority (rule) Rosa Sly and Devona Hollingsworth v. Secretary, Department of Veterans Affairs
M.D. Fla. · 2025 · confidence medium
The contractual rate between the attorney and client “is a strong indication of the reasonable rate.” Griffith, 2021 WL 4461605 at *1 (11th Cir.) (quoting Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir. 2001)) However, the contracted rate is not dispositive of the court’s determination.
discussed Cited as authority (rule) Frazier v. Southeast Georgia Health System, Inc.
S.D. Ga. · 2025 · confidence medium
Instead, it is derived from the average of all 2022–2024 billable time entries in this case for attorney Bristol. 28 The Court uses the average rates reflected in the bills because “an agreed-upon rate is relevant evidence to determine the fee rate.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir. 2001).
discussed Cited as authority (rule) AMERICAN SOUTHERN HOMES HOLDINGS LLC v. ERICKSON
M.D. Ga. · 2024 · confidence medium
See 17 U.S.C. § 505 (permitting the Court in its discretion to award costs to the prevailing party in a copyright infringement action); Malibu Media, LLC v. Pelizzo, 604 F. App’x 879, 881 (11th Cir. 2015) (per curiam) (finding no abuse of discretion in district court’s decision not to award fees as a prevailing party under the Copyright Act where the suit was not improper or frivolous and where the plaintiff acted in an objectively reasonable manner that served the purposes of the Act); 15 U.S.C. § 1117 (a) (permitting fees to the prevailing party in “exceptional cases” under the Lan…
cited Cited as authority (rule) Regions Bank v. Kaplan
M.D. Fla. · 2022 · confidence medium
Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir. 2001). contingent fee cases, a Court may impose market rates, not discounted actual rates.
discussed Cited as authority (rule) Cheryl Griffith v. Denis R. McDonough (2×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Moreover, when a client and an attorney have contracted for services at a particular rate, that rate “is a strong indication of a reasonable rate.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir. 2001).
discussed Cited as authority (rule) Pro Video Instruments, LLC v. Thor Fiber, Inc.
M.D. Fla. · 2021 · confidence medium
Historically, the U.S. Court of Appeals for the Eleventh Circuit has defined “an exceptional case” as “one that can be characterized as malicious, fraudulent, deliberate and willful.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001).
discussed Cited as authority (rule) Griffith v. Shulkin
M.D. Fla. · 2020 · confidence medium
As a result, while “not necessarily determinative,” the agreed-upon billing rate between an attorney and his or her client 7 is considered to be “a strong indication of a reasonable rate.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir. 2001) (per curiam).
discussed Cited as authority (rule) ZP NO. 314, LLC v. ILM Capital, LLC (2×)
S.D. Ala. · 2020 · confidence medium
Historically, an “exceptional case” has been defined in the Eleventh Circuit as “one that can be characterized as malicious, fraudulent, deliberate and willful, or one in which evidence of fraud or bad faith exists.’” Donut Joe’s, 116 F. Supp. 3d at 1292 (quoting Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001) (internal citations and quotation marks omitted)).
cited Cited as authority (rule) The Most Worshipful National Grand Lodge, Free and Accepted Ancient Yorkrite Masons, Prince Hall Origin National Compact, U.S.A. v. United Grand Lodge GA AF & AYM, Inc.
11th Cir. · 2020 · confidence medium
Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001).
discussed Cited as authority (rule) Tobinick v. Novella
S.D. Fla. · 2016 · confidence medium
An “exceptional” case may also be one in which “evidence of fraud or bad faith exists.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir.2001) (internal quotation marks omitted).
discussed Cited as authority (rule) CarMax Auto Superstores, Inc. v. StarMax Finance, Inc.
M.D. Fla. · 2016 · confidence medium
Prior to the U.S. Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., — U.S.-, 134 S.Ct. 1749 , 188 L.Ed.2d 816 (2014), the U.S. Court of Appeals for the Eleventh Circuit defined “an exceptional' case” as “one that can bé characterized as malicious, fraudulent, deliberate and willful,” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001).
discussed Cited as authority (rule) Valley v. Ocean Sky Limo
S.D. Fla. · 2015 · confidence medium
What a lawyer charges his fee-paying clients “is powerful, and perhaps the best, evidence of his market rate.” Dillard v. City of Greensboro, 213 F.3d 1347, 1354-55 (11th Cir.2000); Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1336-37 (11th Cir.2001) (holding that the agreed upon billing rate is a strong indication of a reasonable rate but affirming the award of an hourly rate that exceeded that agreed upon billing rate because “the agreed-upon fee rate does not necessarily act as a cap or ceiling in determining the reasonable hourly rate”).
discussed Cited as authority (rule) Centennial Archaeology, Inc. v. AECOM, Inc.
10th Cir. · 2012 · confidence medium
Sec., 680 F.3d 721 (6th Cir.2012) (Equal Access to Justice Act; contingency fee); Pickett v. Sheridan Health Care Ctr., 664 F.3d 632, 641 (7th Cir.2011) (Title VII; contingency fee); Murkeldove v. Astrue, 635 F.3d 784, 791 (5th Cir.2011) (Equal Access to Justice Act; contingency fee); Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir.2001) (Lanham Act; below-market hourly rate); Raney v. Fed.
discussed Cited as authority (rule) Holman v. Student Loan Xpress, Inc.
M.D. Fla. · 2011 · confidence medium
If counsel seeks to recover the “non-local rate” of an attorney located outside of the district in which counsel filed the action, counsel “must show a lack of attorney’s practicing in that place who are willing and able to handle [the] claim[].” 168 F.3d at 437 . “[A]n agreed-upon rate is relevant evidence to determine the fee rate, but it is not necessarily determinative.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir.2001).
discussed Cited as authority (rule) Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
7th Cir. · 2010 · confidence medium
Realty, Inc., 317 F.3d 209 , 221-22 (2d Cir.2003); Procter & Gamble Co. v. Amway Corp., 280 F.3d 519, 527-28 (5th Cir.2002); Lipscher v. LRP Publications, Inc., 266 F.3d 1305, 1320 (11th Cir.2001); Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335-36 (11th Cir.2001) (per curiam).
discussed Cited as authority (rule) North American Clearing, Inc. v. Brokerage Computer Systems, Inc.
11th Cir. · 2010 · confidence medium
For the purposes of that statute, “an exceptional case is one that can be characterized as malicious, fraudulent, deliberate and willful, or one in which evidence of fraud or bad faith exists.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir.2001) (quotation marks and citations omitted).
examined Cited as authority (rule) North American Clearing, Inc. v. Brokerage Computer Systems, Inc. (3×) also: Cited "see"
M.D. Fla. · 2010 · confidence medium
No. 168 at 8.) Section 1117(a) permits an award of attorneys’ fees to the prevailing party in “exceptional cases” arising under the Lanham Act. “[A]n exceptional case is one that can be characterized as malicious, fraudulent, deliberate and willful, or one in which evidence of fraud or bad faith exists.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001).
discussed Cited as authority (rule) First Penn-Pacific Life v. William R. Evans
D. Maryland · 2009 · confidence medium
N.J. v. Attorney General, 297 F.3d 253, 260 (3d Cir.2002); Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir.2001); Walker v. City of Bogalusa, 168 F.3d 237, 239 (5th Cir.1999); Eastwood v. Nat’l Enquirer, 123 F.3d 1249, 1257 (9th Cir.1997); Johnson v. Lafayette Fire Fighters Ass'n, 51 F.3d 726, 729 (7th Cir.1995).
discussed Cited as authority (rule) Unique Sports Products, Inc. v. Wilson Sporting Goods Co.
N.D. Ga. · 2007 · confidence medium
In addition to the above damages, the Lanham Act authorizes the Court to award attorney’s fees in “exceptional cases.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir.2001). “[A]n ‘exceptional case’ is one that can be characterized as ‘malicious, fraudulent, deliberate and willful.’ ” Id. (citing Dieter v. B & H Indus. of S.W.
discussed Cited as authority (rule) Ross v. Congregation B'Nai Abraham Mordechai
N.Y. Sup. Ct. · 2006 · confidence medium
Group, Inc. v Playboy Enters., Inc., 246 F3d 142, 151 [2d Cir 2001]; Getty Petroleum Corp. v Bartco Petroleum Corp., 858 F2d 103, 114 [2d Cir 1988], cert denied 490 US 1006 [1989]; Cadle Co., II, Inc. v Chasteen, 1993 WL 96886, *1 , 1993 US App LEXIS 7015, *2-3 [10th Cir, Mar. 29, 1993], cert denied 510 US 865 [1993]; Tire Kingdom, Inc. v Morgan Tire & Auto, Inc., 253 F3d 1332, 1337 [11th Cir 2001] [per curiam].) This court finds it appropriate in this case to award attorney fees at the higher hourly rate instead of a discounted hourly rate because the higher rate in this case is reasonable.
cited Cited as authority (rule) RDP Royal Palm Hotel, L.P. v. Clark Construction Group, Inc.
11th Cir. · 2006 · confidence medium
Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001).
discussed Cited as authority (rule) Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company, and Metlife, Inc., a Delaware Holding Company
2d Cir. · 2004 · confidence medium
N.J. v. Attorney Gen., 297 F.3d 253, 260-61 (3d Cir.2002) (thirty-day filing deadline set by local rule applied to motion for attorneys’ fees); Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir.2001) (same); Jones v. Cent.
discussed Cited as authority (rule) Yahoo!, Inc. v. Net Games, Inc.
N.D. Cal. · 2004 · confidence medium
Matthews & Co., 682 F.2d 830 , 840 (9th Cir.1982); see also Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 296 (1st Cir.2001) (“[T]he court may take guidance from, but is not bound by, an attorney’s standard billing rate.”); Crescent Publishing Group, Inc. v. Playboy Enterprises, Inc., 246 F.3d 142, 151 (2d Cir. 2001); Public Interest Research Group of New Jersey, Inc. v. Windall, 51 F.3d 1179, 1185 (3d Cir.1995); Louisiana Poiver & Light Co. v. Kellstrom, 50 F.3d 319, 328 (5th Cir.1995); Pinkham v. Camex, Inc., 84 F.3d 292, 294 (8th Cir.1996); Tire Kingdom, Inc. v. Morgan Tire…
discussed Cited as authority (rule) Albion Pacific Property Resources, LLC v. Seligman
N.D. Cal. · 2004 · confidence medium
H Matthews & Co., 682 F.2d 830, 840 (9th Cir.1982); see also Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 296 (1st Cir.2001) (“[T]he court may take guidance from, but is not bound by, an attorney’s standard billing rate.”); Crescent Publishing Group, Inc. v. Playboy Enterprises, Inc., 246 F.3d 142, 151 (2d Cir.2001); Public Interest Research Group of New Jersey, Inc. v. Windall, 51 F.3d 1179, 1185 (3d Cir.1995); Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 328 (5th Cir.1995); Pinkham v. Camex, Inc., 84 F.3d 292, 294 (8th Cir.1996); Tire Kingdom, Inc. v. Morgan Tire …
discussed Cited as authority (rule) United States v. Aisenberg
M.D. Fla. · 2003 · confidence medium
Auth. of City of Montgomery, 836 F.2d 1292, 1300 (11th Cir.1988) (“To say that the prevailing market rate is the figure at either extreme or at a precise point between the extremes is a divination that cannot be made with the same certainty as ascertaining the value of a futures contract for pork bellies or wheat on a given day.”). “[T]he reasonable hourly rate should be determined based on the reasonable worth of services rendered, so long as the rate results in no windfall for the prevailing party.” Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir.2001).
cited Cited "see" Moonbug Entertainment Ltd. v. Barry Dean Long
M.D. Fla. · 2025 · signal: see · confidence high
See Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332 , 1336 (11th Cir. 2001); CarMax Auto Superstores, Inc. v. StarMax Fin., Inc., 192 F. Supp. 3d 1279, 1284 (M.D.
discussed Cited "see" Smith v. James
S.D. Fla. · 2025 · signal: see · confidence high
See Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001) (concluding “that the time limit set out in Local Rule 7.3 is an ‘order of the court’ that governs this case).
discussed Cited "see" Hackler v. General Motors LLC
S.D. Ga. · 2022 · signal: see · confidence high
See Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001) (explaining a court’s local rules for the time to file a motion for fee governs because the Federal Rules of Civil Procedure allow the time to do so to be set by a court order).
cited Cited "see" Off Lease Only, Inc. v. Lakeland Motors, LLC
11th Cir. · 2021 · signal: see · confidence high
See Tobinick v. Novella, 884 F.3d 1110, 1116 (11th Cir. 2018) (citing Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001)).
cited Cited "see" Edward Lewis Tobinick, MD v. M.D. Steven NOvella
11th Cir. · 2018 · signal: see · confidence high
See Tire Kingdom , 253 F.3d at 1335 .
discussed Cited "see" Timothy St. Fleur v. City of Fort Lauderdale
11th Cir. · 2005 · signal: see · confidence high
See Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir.2001) (stating that hourly rate determination should be “based on the reasonable worth of services rendered, so long as the rate results in no windfall for the prevailing party”).
discussed Cited "see" Planned Parenthood Of Central New Jersey v. * The Attorney General Of The State Of New Jersey
3rd Cir. · 2002 · signal: see · confidence high
See Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir. 2001); Walker v. City of Bogalusa, 168 F.3d 237, 239 (5th Cir.1999); Eastwood v. Nat'l Enquirer, 123 F.3d 1249, 1257 (9th Cir.1997); Johnson v. Lafayette Fire Fighters Ass'n, 51 F.3d 726, 729 (7th Cir. 1995).
discussed Cited "see" Planned Parenthood v. Attorney General
3rd Cir. · 2002 · signal: see · confidence high
See Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1335 (11th Cir.2001); Walker v. City of Bogalusa, 168 F.3d 237, 239 (5th Cir.1999); Eastwood v. Nat’l Enquirer, 123 F.3d 1249, 1257 (9th Cir.1997); Johnson v. Lafayette Fire Fighters Ass’n, 51 F.3d 726, 729 (7th Cir.1995).
discussed Cited "see, e.g." United States of America v. Tran
M.D. Fla. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1337 (11th Cir. 2001) (discussing the lodestar approach to an attorneys’ fee award in a Lanham Act case).
discussed Cited "see, e.g." Joshua Domond v. PeopleNetwork APS
11th Cir. · 2018 · signal: see also · confidence medium
Hensley v. Eckerhart, 461 U.S. 424, 433-34 (1983); see also Tire Kingdom, Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332, 1336-37 (11th Cir. 2001) (applying the lodestar method in a 5 Case: 17-15576 Date Filed: 09/20/2018 Page: 6 of 8 Lanham Act case).
cited Cited "see, e.g." Rain Bird Corp. v. Taylor
N.D. Fla. · 2009 · signal: see also · confidence low
See also Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332 (11th Cir.2001).
cited Cited "see, e.g." Victoria's Cyber Secret Ltd. Partnership v. v Secret Catalogue, Inc.
S.D. Fla. · 2001 · signal: see also · confidence low
See also Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 253 F.3d 1332 (11th Cir.2001).
Retrieving the full opinion text from the archive…
TIRE KINGDOM, INC., a Florida Corporation, Plaintiff-Appellant,
v.
MORGAN TIRE & AUTO, INC., a Florida Corporation, D.B.A. Don Olson Tire & Auto Centers, Inc., Larry C. Morgan, Individually, Et Al., Defendants-Appellees
00-11190.
Court of Appeals for the Eleventh Circuit.
Jun 15, 2001.
253 F.3d 1332
Michael G. Sanderson, Shumaker, Loop & Kendrick, LLP, Toledo, OH, C. Philip Campbell, Jr., Shumaker, Loop & Kendrick, Tampa, FL, G. William Bissett, Miami, FL, for Defendants-Appellees., G. William Bissett, Miami, FL, C. Philip Campbell, Shumaker, Loop & Kendrick, Tampa, FL, for Plaintiff-Appellant.
Edmondson, Fay, Newman, Per Curiam.
Cited by 48 opinions  |  Published
Pinpoint authority: bottom 56%
PER CURIAM:

Plaintiff Tire Kingdom challenges the district court’s award of fees and costs to Defendants Bridgestone/Firestone, .Inc., Morgan Tire and Auto, Inc. and Larry Morgan. We affirm.

I.

Plaintiff, a large multi-brand tire dealer in Florida, sued Defendants for alleged violations of the Lanham Act and state law. Plaintiff alleged that Defendants engaged in “schemes of deceptive trade practices” through the use of false multi-brand advertising. The scheme allegedly involved advertising various brands of tires to attract customers to the store and, then, switching those customers to purchase Firestone tires.

The district court granted summary judgment for Defendants on the Lanham Act claim and dismissed without prejudice the state law claims. We affirmed. Tire Kingdom v. Morgan Tire & Auto, 136 F.3d 139 (11th Cir.1998) (Table) (per curium).

[*1335] While the merits appeal was pending with this court, Defendants filed for attorney’s fees and costs. The district court granted the motion for fees and costs, but stayed consideration of the amount of the fee award until we disposed of the then-pending appeal. After we affirmed summary judgment for Defendants, the district court determined the fee amount and awarded $328,501.59 in fees and $26,417.79 in costs to defendants Morgan Tire and Morgan and $372,615.00 in fees and $21,953.00 in costs to defendant Bridge-stone. The court also awarded interest on the fee award from the date of the initial order granting the motion for fees to the date of payment.

II.

As an initial matter, we address Plaintiffs argument that Defendants failed to file their motions for fees within 14 days after entry of judgment, as Fed.R.Civ.P. 54(d)(2)(B) requires. The fourteen-day limit applies “[ujnless otherwise provided by ... order of the court....” Id. The district court relied on local rule 7.3, which allows a motion for fees to be filed 30 days after judgment. S.D. Fla. L.R. 7.3. Plaintiff argues that the local rule conflicts with the federal rule and that the federal rule governs. See Fed.R.Civ.P. 83(a)(1) (“Each district court ... may ... make and amend rules governing its practice ... consistent with [these] rules.”).

We recently considered this issue in the context of a local rule from the Northern District of Florida that permitted a motion for attorney’s fees to be filed and served within the time specified in the scheduling order. See Members First Fed. Credit Union v. Members First Credit Union of Florida, 244 F.3d 806 (11th Cir.2001). We noted that the district court adopted the local rule pursuant to Fed. R.Civ.P. 83 and concluded that the local rule governing time to file a fee motion applied. Id. at 807. We likewise conclude that the time limit set out in local rule 7.3 is an “order of the court” that governs this case. Thus, Defendants timely filed their motions for fees. See also Jones v. Cent. Bank, 161 F.3d 311, 313 (5th Cir.1998) (concluding 30-day filing deadline set by local rule applied to motion for attorney’s fees); Eastwood v. Nat’l Enquirer, Inc., 123 F.3d 1249, 1257 (9th Cir.1997) (same); Johnson v. Lafayette Fire Fighters Ass’n, 51 F.3d 726, 729 (7th Cir.1995) (same for 90-day local rule deadline).

III.

We now turn to the substantive challenges to the award of fees and costs. We review an award of attorney’s fees and costs for abuse of discretion. See Waters v. Int’l Precious Metals Corp., 190 F.3d 1291, 1293 (11th Cir.1999).

A.

Plaintiff first argues that the district court erred in determining that this -case is an exceptional case justifying a fee award under the Lanham Act. See 15 U.S.C. § 1117(a) (“The court in exceptional cases may award reasonable attorney fees to the prevailing party.”) (emphasis added). We have previously said that an “exceptional case” is one that can be characterized as “malicious, fraudulent, deliberate and willful,” Dieter v. B & H Indus. of S.W. Fla., Inc., 880 F.2d 322, 329 (11th Cir.1989), or one in which “evidence of fraud or bad faith” exists, Safeway Stores, Inc. v. Safeway Discount Drugs, Inc., 675 F.2d 1160, 1169 (11th Cir.1982).

[*1336] Of the five elements necessary to prove a Lanham Act violation, the magistrate judge [1] concluded that Plaintiff could only have established one element: that the goods traveled in interstate commerce. In granting summary judgment on the Lanham Act claim, the district court concluded that Plaintiff faded to present “a scintilla of evidence” of materiality or reliance, which the court described as a “fa-tain flaw[]” to Plaintiffs claim. [2] Also, even at the time of the motion for fees, when Plaintiffs needed only to show that the case was not “exceptional” for fee purposes, Plaintiff presented no evidence of causation or damages.

The magistrate judge also noted evidence of bad faith and improper motive on the part of Plaintiff. For example, Plaintiff had obtained market research and survey information that refuted causation and had failed to disclose this research and survey evidence to Defendants until one month before the scheduled trial date. Also, one of Plaintiffs vice-presidents testified that “[i]n 1995, we just took a leap of faith and started raising our prices in the paper, hoping that there was enough pain and agony out there from the competition and this lawsuit that maybe prices could go up there where we could show up our performance.” (emphasis added by magistrate judge).

Plaintiffs failure to present sufficient evidence on four of the five Lanham Act elements, coupled with evidence of bad faith and improper motive, support the district court’s conclusion that this case was an exceptional case justifying an award of attorney’s fees. We cannot say that the district court abused its discretion in awarding fees.

B.

Plaintiff also challenges, on a variety of grounds, the fee amounts awarded to Defendants. After review of the magistrate judge and district judge’s opinions as well as our own review of the record, we conclude that the district court properly applied the lodestar approach articulated in Norman v. Hous. Auth. of the City of Montgomery, 836 F.2d 1292 (11th Cir.1988), to determine the fee award under the Lanham Act. In many instances, the court reduced the amount requested for certain kinds of work or for certain costs. The final determination of the fee award was no abuse of discretion.

We consider only one of Plaintiffs arguments as worthy of discussion: whether the district court erred in awarding fees based on an hourly rate that exceeded the hourly rate as set in a contract between the Morgan Defendants and their attorney.

The Morgan Defendants contracted with their attorneys for a fee of $160 per hour, which was below the “historical rate” (i.e. the maximum hourly rate requested[*1337] from a new client). The magistrate judge considered the fee agreement rate but concluded that the “historical rates more accurately reflect the prevailing market rate in this legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.”

The lodestar approach requires the judge to determine a reasonable hourly rate. And the agreed-upon billing rate is a strong indication of a reasonable rate. But the agreed-upon fee rate does not necessarily act as a cap or ceiling in determining the reasonable hourly rate. Instead, as the magistrate judge correctly noted, an agreed-upon rate is relevant evidence to determine the fee rate, but it is not necessarily determinative. See Crescent Publ’g Group, Inc. v. Playboy Enter., Inc., 246 F.3d 142, 151 (2d Cir.2001); Getty Petroleum Corp. v. Bartco Petroleum Corp., 858 F.2d 103, 114 (2d Cir.1988).

We are mindful that the old Fifth Circuit, in the context of explaining guidelines for district courts to consider when awarding fees, has said “[i]n no event, however, should the litigant be awarded a fee greater than he is contractually bound to pay, if indeed the attorneys have contracted as to [that] amount.” Johnson v. Georgia Hwy. Exp., Inc., 488 F.2d 714, 718 (5th Cir.1974). But since Johnson, the Supreme Court has explained that, at least in the context of contingent fee arrangements, a fee agreement should not place a strict limit on a fee award. See Blanchard v. Bergeron, 489 U.S. 87, 109 S.Ct. 939, 945-46, 103 L.Ed.2d 67 (1989) (“The trial judge should not be limited by the contractual fee agreement between plaintiff and counsel.”). Instead, the reasonable hourly rate should be determined based on the reasonable worth of services rendered, so long as the rate results in no windfall for the prevailing party. Id. at 946, 109 S.Ct. 939.

Here, the district court rejected an hourly rate based on current rates and based on the negotiated rate. Instead, the judge concluded that the historical rates most accurately reflected the prevailing market rate. The overall difference between the negotiated rate and the historical rate is less than $1000. That the judge applied the historical rate instead of the negotiated rate was no abuse of discretion.

AFFIRMED.

1

. The district court adopted and affirmed the magistrate judge's Report and Recommendation.

2

. Plaintiff had argued that no evidence of actual deception was required where the advertisements were false. The district court ultimately rejected that argument, and we affirmed. But even though what was required to establish this particular element of the Lan-ham Act claim may have been ambiguous based on earlier case law, the district court also concluded that none of the challenged advertisements were false, nor did any of the advertisements "distort, deceive, or mislead” regarding the "nature, quality, characteristics, or geographic origin” of Defendants’ products.