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KAMAR INTERN., INC. v. RUSS BERRIE & CO., INC.

No. 83-6176, 83-6218.

752 F.2d 1326 (1984)

KAMAR INTERNATIONAL, INC., a corporation, Plaintiff-Appellee, v. RUSS BERRIE AND COMPANY, INC., a corporation; Sol Levy, an individual, Defendants-Appellants. KAMAR INTERNATIONAL, INC., a corporation, Plaintiff-Appellant, v. RUSS BERRIE AND COMPANY, INC., a corporation; and Sol Levy, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1984.

Attorney(s) appearing for the Case

Michael A. Painter, Cooper, Epstein & Hurewitz, Beverly Hills, Cal., for defendants.

Joseph A. Yanny, Herzig, Schaap & Young, Beverly Hills, Cal., for plaintiff.

Before WALLACE, PREGERSON, and ALARCON, Circuit Judges.

WALLACE, Circuit Judge:

This copyright infringement case requires us to determine how to calculate both statutory damages and damages based on an infringer's profits. We have jurisdiction under 28 U.S.C. § 1291. Both parties appealed. We affirm in part and reverse and remand in part.

I

Kamar International, Inc. (Kamar) and Russ Berrie & Co., Inc., together with its wholly-owned subsidiary, Russ Berrie & Co. West, Inc. (collectively Russ...

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