Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,821 times 30 Legal AnalysesHolding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Arbor Hill Concerned Citizens v. County of Albany
484 F.3d 162 (2d Cir. 2007) Cited 2,276 times 9 Legal AnalysesHolding that the presumption that the forum rule should be applied may be rebutted “only in the unusual case”
Johnson v. Georgia Highway Express, Inc.
488 F.2d 714 (5th Cir. 1974) Cited 7,670 times 6 Legal AnalysesHolding that "the novelty and difficulty of the questions" involved in the case is a factor in the determination of a reasonable fee
Knitwaves, Inc. v. Lollytogs Ltd.
71 F.3d 996 (2d Cir. 1995) Cited 400 times 3 Legal AnalysesHolding that fabric design, such as the artwork on plaintiff's sweaters, is copyrightable
Matthew Bender Co., Inc. v. West Pub. Co.
240 F.3d 116 (2d Cir. 2001) Cited 206 timesFinding that "[t]his emphasis on objective reasonableness is firmly rooted in Fogerty's admonition that any factor a court considers in deciding whether to award attorneys' fees must be faithful to the purposes of the Copyright Act"
Browning Debenture Holders' Committee v. Dasa Corp.
560 F.2d 1078 (2d Cir. 1977) Cited 296 timesFinding such a claim frivolous
Nemeroff v. Abelson
620 F.2d 339 (2d Cir. 1980) Cited 262 timesHolding that when parties agree to a "stipulation and order of dismissal expressly reserved to defendants the right to move for 'costs and disbursements of this action,'" plaintiffs could not later claim "that the reservation was inoperative from the moment of its entry"
Universal City Studios, Inc. v. Nintendo Co.
797 F.2d 70 (2d Cir. 1986) Cited 125 timesUpholding fee award where district court found plaintiff "brought its Lanham Act claim in bad faith"
Noxell v. Firehouse No. 1 Bar-B-Que Rest
771 F.2d 521 (D.C. Cir. 1985) Cited 113 times 3 Legal AnalysesHolding that a defendant who had a lawsuit dismissed, for improper venue, without prejudice to filing in another court, was a prevailing party under the Lanham Act
Crown Awards, Inc. v. Discount Trophy Co., Inc.
564 F. Supp. 2d 290 (S.D.N.Y. 2008) Cited 21 timesFinding party's motion for summary judgment objectively unreasonable because it required credibility determination
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,884 times 144 Legal AnalysesGranting district courts significant discretion to award damages for a violation of § 1125
Section 505 - Remedies for infringement: Costs and attorney's fees
17 U.S.C. § 505 Cited 2,973 times 70 Legal AnalysesGranting the district court discretion to award attorney's fees to the prevailing party in copyright cases