Court Denies Application for Attorneys’ Fees after Voluntary Dismissal of Copyright Action

In an August 17, 2015 ruling, Judge John F. Keenan denied attorneys’ fees to the defendant after the plaintiff voluntarily dismissed a copyright infringement action without prejudice. Judge Duffy, acting in Judge Keenan’s absence, had previously denied the plaintiff’s motion for a preliminary injunction. Since the defendant had moved to dismiss, but had not answered, the plaintiff retained the right to unilaterally discontinue the action, and did so. The Court ruled that the defendant was not the prevailing party, and thus not entitled to a fee award, because the plaintiff’s unilateral voluntary dismissal without prejudice “is not ‘judicially sanctioned’ since no court action is required.” Judge Keenan also found that “a dismissal without prejudice is not a change in the legal relationship between the parties because plaintiff can still bring the claim again.” Without reaching the merits of the defendant’s application for fees, the Court did note, though, that the application was untimely, and could have been denied on that ground as well.

Court Grants Fees in Copyright Infringement Action after Finding Plaintiff’s Claims Untimely

In a July 17, 2015 ruling, Judge Lorna G. Schofield granted attorneys’ fees to the prevailing plaintiff in a copyright infringement action. The Court had previously granted summary judgment dismissing the plaintiff’s claims as untimely. In granting fees, Judge Schofield wrote that “Plaintiff’s claims under the Copyright Act were plainly time barred and therefore objectively unreasonable. Claims brought after the statute of limitations has run may be considered objectively unreasonable.”

Court Adopts Magistrate’s Report and Recommendation of Statutory Damages and Attorneys’ Fees after Default in Trademark Infringement Action

In an April 3, 2014 ruling, Judge George B. Daniels adopted Magistrate Judge Peck’s Report and Recommendation after an inquest awarding $1 million in statutory damages and approximately $10,000 in attorneys’ fees against the defendants who defaulted in the plaintiff’s trademark infringement action. Judge Daniels approved Judge Peck’s conclusion deeming the infringement willful in light of the default. Since the maximum statutory damages award under the Lanham Act is $2 million, the Court adopted Judge Peck’s conclusion that “an award of $1 million – half of the statutory maximum – is sufficient and appropriate in this case.” With regard to attorneys’ fees, Judge Daniels adopted Judge Peck’s conclusion that “the allegations in the complaint, along with Defendants’ default, are sufficient to justify the award of attorneys’ fees to Plaintiff,” and approved the reduction of 15% that Judge Peck made to the amount of fees the plaintiff sought.