19
Aug/03

Ninth Circuit Decision re Recovery of Attorneys' Fees


The parties (here and here) fought over the right to use the name TRADITIONAL CAT ASSOCIATION, which, apparently, disseminates breeding standards for cats.  Trademark, copyright, conversion, defamation and other causes were brought.  The Copyright Act provides for recovery of attorneys’ fees for the copyright and related claims.  The District Court had held that some fees were incurred in relation to unrelated fees, and denied the motion for recovery without seeking to apportion those fees incurred in connection with the copyright and related claims.  The Ninth Circuit held that the refusal to attempt an apportionment was an abuse of discretion.  It remanded the case for a determination as to the portion of the fees attributable to the copyright and related claims.

Traditional Cat Association v. Gilbreath, et. al., No. 01-56595 (9th Cir. Aug. 19, 2003).

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