INTA - International Trademark Association
Fifth Circuit Holds that Mitigation is Not an Absolute Defense to Statutory Damages for Copyright Infringement and DMCA Violations
In Energy Intelligence Grp., Inc. v. Kayne Anderson Capital Advisors, L.P., 2020 U.S. App. LEXIS 1347, __ F.3d __ (5th Cir. Jan. 15, 2020), on an issue of first impression, the Fifth Circuit held that a mitigation defense is not an absolute defense to statutory damages for copyright infringement or DMCA violations.
The Ninth Circuit recently affirmed a $3,938,227.22 attorney's fees award in the contract and copyright dispute between UM Corporation ("UMC") and Tsuburaya Products Co. ("TPC") and other companies relating to the alleged wrongful creation of derivative works of the superhero Ultraman film series. UM Corp. v. Tsuburaya Prods. Co., 2019 U.S. App. LEXIS 36134, Case Nos. 18-55604, 18-56133 (9 Cir. Dec. 5, 2019).
The title above refers to a lyric from a 1998 song by Eve 6, although they used the word "cabinet" instead of "chair." While this simple substitution of a word on my part is designed to evoke an image, the choice of words and the image evoked* can mean so much more in the world of design patents.
A Voluntary Dismissal without Prejudice does not Yield a Prevailing Party for Purposes of Fee Shifting under the Defend Trade Secrets Act
In its first case construing the Defend Trade Secrets Act, the U.S. Court of Appeals for the Fifth Circuit held that defendants were properly denied attorneys' fees after the district court granted the plaintiff's Rule 41(a)(2) motion to dismiss the case without prejudice because the defendants were not "prevailing parties" under the Act, 18 U.S.C.S. § 1836 (b) (3) (D).