Topic: prevailing plaintiffs and prevailing defendants are to be t… · Go Syfert
← All topics

Topic #3247

13 canonical passages across 12 cases, quoted by 267 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Fogerty v. Fantasy, Inc..

#Case FlagCanonical passage Citers
1 Fogerty v. Fantasy, Inc. Anchor
scotus · 1994
green “prevailing plaintiffs and prevailing defendants are to be treated alike, but attorney's fees are to be awarded to prevailing parties only as a matter of the court's discretion.” 85
2 Bryant v. Media Right Productions, Inc.
ca2 · 2010
green “(1) the infringer's state of mind; (2) the expenses saved, and profits earned, by the infringer; (3) the revenue lost by the copyright holder; (4) the deterrent effect on the infringer and third parties; (5) the infringer's cooperation in providing evidence concerning the value …” 45
3 Island Software And Computer Service, Inc. v. Microsoft Corporation
ca2 · 2005
green “the defendant was actually aware of the infringing activity, or . . . the defendant's actions were the result of 'reckless disregard' for, or 'willful blindness' to, the copyright holder's rights.” 37
4 Bryant v. Media Right Productions, Inc.
ca2 · 2010
green “(1) the frivolousness of the non-prevailing party's claims or defenses; (2) the party's motivation; (3) whether the claims or defenses were objectively unreasonable; and (4) compensation and deterrence.” 30
5 Broadcast Music, Inc. v. Prana Hospitality, Inc.
nysd · 2016
green “courts in this circuit commonly award, in cases of non-innocent infringement, statutory damages of between three and five times the cost of the licensing fees the defendant would have paid.” 21
6 Wal-Noon Corp. v. Hill
calctapp · 1975
green “there cannot be a valid, express contract and an implied contract, each embracing the same subject matter, existing at the same time.” 13
7 N.A.S. Import, Corporation, Alentino, Ltd. v. Chenson Enterprises, Inc. Shu Chin Chen (A/k/a Margaret Chen) and Ken Lee
ca2 · 1992
green “need not be proven directly but may be inferred from the defendant's conduct.” 10
8 Clarke v. Frank
ca2 · 1992
green “the court looks to its own familiarity with the case and . . . its experience generally as well as to the evidentiary submission and arguments of the parties.” 8
9 Richard M. Perlman and Perlman Marketplace Investors v. Samuel Zell
ca7 · 1999
green “so perlman is a loser on the question whether this was a federal case.” 4
10 Meister v. Regents of University of California
calctapp · 1998
green “a trial court from considering a non-statutory settlement offer in determining the amount of a reasonable attorney's fee award.” 4
11 Clark v. Sims
ca4 · 1994
green “because the district court limited appellants' recovery of attorney's fees based on a settlement offer which failed to meet the requirements of rule 68, its decision must be vacated and this case remanded so that the court may reconsider the amount properly awardable.” 4
12 Fitzgerald v. CBS Broadcasting, Inc.
mad · 2007
green “damages are calculated based on the number of copyrighted works and . . .not on the number of incidents of infringement.” 3
13 Omega SA v. 375 Canal, LLC
ca2 · 2021
green “exceed the . . . infringement upon plaintiff's rights,” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check