Non-Profit Status Irrelevant to Entity’s Attorney Fee Analysis​

After finding in a bench trial that defendants were liable for infringement, the court denied plaintiff’s motion for attorney fees because a fee award would not further the purposes of the Copyright Act. “⁠[Plaintiff] has been awarded statutory damages of $30,000.00. [Plaintiff] has also received a permanent injunction against Defendants for future copyright and trademark infringement. [Plaintiff] now seeks $380,885.00 in attorney’s fees . . . . Attorney’s fees more than ten times greater than the damages awarded for copyright infringement, in addition to a permanent injunction, would exceed the amount necessary to deter future infringers. . . . [An individual defendant’s] behavior is not inconsistent with deterring future violators. The Court has found that Defendants did not infringe [plaintiff’s] copyright willfully. . . . Whether Defendants are infringing other logos is not properly before the Court. . . . [Plaintiff] contends that compensation favors attorney’s fees because [plaintiff] is a non-profit corporation. Assessing the status of the parties does not further the purposes of the Copyright Act and is not relevant to awarding fees. . . . Awarding fees to [plaintiff] in light of Defendants’ non-frivolous defenses and non-willful infringement would not further the purposes of the Copyright Act.”

Ducks Unlimited, Inc. v. Boondux, LLC, et al, 2-14-cv-02885 (TNWD 2018-03-09, Order) (Samuel H. Mays, Jr.)

2018-03-13T11:54:03+00:00 March 13th, 2018|Copyright, Docket Report|