In case you wanted another card, it’s a broad shield of rights
Bijanki 13, J.D. Candidate, The University of Iowa College of Law, 2013; B.S. University of Illinois Urbana-Champaign, 2007. (Sharad K., January 2013, “NOTE: Redefining Attorney-Fee Shifting Under the Lanham Act: Protecting Small Businesses and Deterring Trademark Infringement,” 98 Iowa L. Rev. 809, 823, lexis accessed online via KU libraries)
A bad-faith standard limited to the four listed factors is too narrow for the tradition of equity. Bad faith is "[a] devious or deceitful intent, motivated by self-interest, ill will, or a concealed purpose. The opposite of good faith." 106 A tradition of equity does not look to the offender's subjective state of mind, but offers a party "relief from hardship" 107 and addresses "social needs." 108 While the bad-faith standard looks to what the antagonizing party has done wrong, equity is a shield, granting protection based on hardship and social need. The Senate Report for the 1975 amendment notes that the bill would provide "protection against unfounded suits brought by trademark owners for harassment and the like." 109 The term "protection" suggests a broader equitable tradition - a "shield" - and not a focus on the "bad faith" of the actor. Since Congress looked to equitable "protection," as opposed to bad faith considerations, the bad-faith standard is misplaced and does not align with Congressional intent.