Home -> Law Blog Directory -> Intellectual Property Law Blogs -> FileWrapper
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: FileWrapperSeventh Circuit: Prevailing defendants should have greater presumption of fees in copyright cases
By McKee, Voorhees & Sease, P.L.C.
The Seventh Circuit reversed. The court held the suit was frivolous, and brought in bad faith. The plaintiff deposed all of the defendant's customers and several potential customers, resulting in the defendant losing several customers. Further, the plaintiff was not eligible for statutory damages and had suffered no actual damages, and even if there was infringement, the defendant's profits were not tied to the infringement, as the asserted copyright was in a compilation of OSHA regulations that would be easily replaced by simply copying the appropriate regulations anew.
The court also criticized other courts (such as the Sixth Circuit) who have held prevailing defendants are only entitled to attorney fees in copyright cases when the claims are "colorable, albeit meritless," as not in compliance with the Supreme Court's Fogerty v. Fantasy, Inc. decision. In rejecting this position, the court offered some favorable dicta for defendants:
If there is an asymmetry in copyright, it is one that actually favors defendants. The successful assertion of a copyright confirms the plaintiff's possession of an exclusive, and sometimes very valuable, right, and thus gives it an incentive to spend heavily on litigation. In contrast, a successful defense against a copyright claim, when it throws the copyrighted work into the public domain, benefits all users of the public domain, not just the defendant; he obtains no exclusive right and so his incentive to spend on defense is reduced and he may be forced into an unfavorable settlement.More concerning Eagle Servs, Corp. v. H2O Indus. Servs., Inc. after the jump.
[More]
Full post as published by FileWrapper on July 11, 2008 (boomark / email).
Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Cell Phone Early Termination Fees
How to recover billing errors
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Excessive Bank Overdraft Fees
Bank Overdraft Fees alleging excessive fees and misrepresentation of account balances and more.
Salmonella Found in Tomotoes
57 Reported Cases in New Mexico and Texas
ConAgra Peanut Butter
Hundreds of Salmonella Cases Settled
Spike Lee and Showtime
Settlement reached in script copyright infringement lawsuit.
Joke Book
Judy Brown and publishers pay undisclosed settlement to comedians and talkshow celebrities for copyright infringement.

"Judge Posner on Attorney's Fees to Defendants "
When is a Party a Prevailing PartyThe Patry Copyright Blog
Knockoff News 78Counterfeit Chic
Seventh Circuit Rules on Mutual Fund Advisory Fees in Jones v. Harris Associates







