Plaintiff’s Attempt to Distinguish Existing Precedent Not Done In Bad Faith.
In Petrella v. MGM, Case No. 10-55834 (9th Cir. Aug. 29, 2012) (published), defendant obtained summary judgment based on a laches defense in a copyright case involving plaintiff’s claim that “Raging Bull” was a knock off of her work instead. The district court denied the defense motion for sanctions and recovery of discretionary fees under 17 U.S.C. § 505 of the Copyright Act.
Bull. Russell Lee, photographer. 1940. Library of Congress.
The Ninth Circuit affirmed these determinations. No sanctions were warranted because laches was less than clear cut under existing federal appellate precedent. As far as the fee request was concerned, plaintiff’s attempt to distinguish other circuit precedent had some merit and was not done in bad faith.
