> Note that in the US, the usual rule does not allow for shifting attorney's fees to the loser.

While in the US, the default rules in many kinds of cases don't start with loser pays, as in some other systems, there are conditions applicable to most causes of actions which will allow attorney's fees, and the default rules for some claims do assign costs and fees to a party found liable without requiring any additional factors—notably, in the context of a trademark demand letter from the holder of a registered trademark, this includes violation of any of the rights of a holder of a registered trademark, see 15 U.S.C. § 1117(a).