Defendant’s Rule 68 Offer Was Inartfully Drawn, Not Precluding Lanham Act Fees. As reported by Chris Marshall in the April 16, 2013 on-line edition of Courthouse News Service, U.S. District Judge Richard Seeborg (N.D.Cal.) concluded on April 12, 2013 that a plaintiff blogger bringing a declaratory relief suit was entitled to $37,650.25 in […]
Defense Did Not Transcend Bounds of Reasonableness in Advocacy Under “Relatively Green Area of Copyright Law.” Earlier, in litigation over copyright grants relating to the Superman character, Warner’s subsidiary DC Comics won a big ruling last October 2012 precluding the estate of Superman’s co-creator from terminating a copyright grant under a contractual agreement.
Well, the Ninth Circuit has somewhat sent out a warning: plaintiff with a “slim or none” copyright infringement case–in light of a meritorious fair use defense–needs to rethink or get hit with attorney’s fees under section 505 of the Copyright Act (17 U.S.C. §505), which allows a district court to grant to the
