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DEREK ANDREW, INC. v. POOF APPAREL CORP.

No. 07-35048.

528 F.3d 696 (2008)

DEREK ANDREW, INC., Plaintiff-Appellee, v. POOF APPAREL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2008.

Attorney(s) appearing for the Case

Neil A. Smith and Robert J. Stumpf, Jr., Sheppard, Mullin, Richter & Hampton LLP, San Francisco, CA, for the defendant-appellant.

Lacy H. Koonce III, Davis Wright Tremaine LLP, New York, NY, for the plaintiff-appellee.

Before: SUSAN P. GRABER and JOHNNIE B. RAWLINSON, Circuit Judges, and OTIS D. WRIGHT II, District Judge.

WRIGHT, District Judge:

Poof Apparel Corporation ("Poof") appeals the district court's award to Derek Andrew, Inc. ("Andrew") of $15,000 in statutory damages under the Copyright Act, along with $296,090.50 in attorneys' fees.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and for the following reasons, REVERSE and REMAND.

BACKGROUND

A. THE PARTIES AND PROPERTY RIGHTS AT ISSUE

Andrew and Poof are corporations...

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