The Eleventh Circuit Court of Appeals has held that an award of attorney’s fees by the district court was reversible error because the lower court failed to account for the contractually bargained for attorneys fees clause in the copyright and breach of contract action. In Yellow … [Read more...]
Ninth Circuit Applies Attorneys Fee Analysis from Patent Act to Lanham Act
In SunEarth Inc. v. Sun Earth Solar Power Co., No. 15-16096 and 13-17622 (9th Cir. 2016) (Available Here), the Ninth Circuit adopted Octane Fitness, LLC. v. ICON Health & Fitness, Inc., 134 S.Ct. 1749 (2014) and held that district courts analyzing a request for attorney fees … [Read more...]
Attorney’s Fees in Copyright Cases – Set by Defendant’s Objective Reasonableness
The Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (Supreme Court, June 2016) (Available Here), held that the “objective reasonableness” of an unsuccessful litigant’s position should be accorded “substantial weight” when awarding attorneys’ fees in … [Read more...]
$680,000 in Attorneys’ Fees Awarded in an “Exceptionally Weak” Patent Infringement Case
In Advanced Ground Information Systems, Inc. v. Life360, Case No. 14-cv-80651, (S.D. Fla. 2015), the Court awarded the prevailing Defendant, Life360, $684,190.00 in attorneys’ fees in an “exceptionally weak” patent case. (Available Here). A final judgment was entered on May 12, … [Read more...]
Can Trademark Damages of Profits be Trebled?
The Fourth Circuit Court of Appeals held that when plaintiff seeks only defendant’s profits, the district court can increase the award only when, and to the extent, it deems the award to be inadequate to compensate plaintiff for defendant’s profits. Treble damages, which are … [Read more...]
Contractual Copyright Attorneys Fees in the Ninth Circuit
In a case of first impression for the Ninth Circuit Court of Appeals, the court reviewed whether the Copyright Act of 1976 would preclude enforcement of a contractual attorneys fees provision in copyright-based litigation. The case of Victoria Ryan v Editions Limited West, Inc. … [Read more...]
False Endorsement Under the Lanham Act – Unauthorized Use of Bob Marley Image
In Fifty-Six Hope Road Music, Ltd. et al. v. A.V.E.L.A., Inc. et al., Case No. 12-17502, Feb. 20, 2015 (9th Cir.) the Ninth Circuit Court of Appeals found that the district court did not err in denying defendant’s motion for judgment as a matter of law on plaintiff’s Lanham Act … [Read more...]
Supreme Court Lowers Bar For Prevailing Party In Patent Litigation To Collect Attorneys Fees
The U.S. Supreme Court, in Octane Fitness LLC. v. Icon Health & Fitness Inc., case no. 12-1184 (Apr. 29, 2014) (available here), overturned a decade of Federal Circuit law by redefining when a case is exceptional under the Patent Act. A prevailing party in patent litigation … [Read more...]
“Oh What A Night!” Ed Sullivan’s Charisma Not Enough To Overcome Fair Use Defense For The Jersey Boys’ Use Of A Seven-Second Clip
The Ninth Circuit affirmed the lower court’s summary judgment and award of attorneys’ fees in a copyright infringement case finding that a 7-second clip from The Ed Sullivan Show used in the musical Jersey Boys constituted fair use because of its historical significance. SOFA … [Read more...]
Florida Supreme Court Authorizes Defense Attorneys Fees Under FDUTPA
In a case certified by the federal appeals court, the Florida Supreme Court held that a prevailing defendant in a Florida Deceptive and Unfair Trade Practice Act (FDUTPA) lawsuit is entitled to attorney’s fees for the period prior to dismissal of the FDUTPA count. (Fla. Stat. § … [Read more...]
