KONOR ENTERPRISES, INC. v. EAGLE PUBLICATIONS, INC.

Nos. 88-3855, 88-3860.

878 F.2d 138 (1989)

KONOR ENTERPRISES, INC., d/b/a American Publishers, A California Corporation, Plaintiff-Appellant, v. EAGLE PUBLICATIONS, INC., A Virginia Corporation; Eagle Publishing Company, A Virginia partnership, and its general partners: George Hale, Merrit Lauderback, Marcia Jordan, Anita Robertson, Print First, Inc., a Virginia Corporation, Defendants-Appellees. KONOR ENTERPRISES, INC., d/b/a American Publishers, A California Corporation, Plaintiff-Appellee, v. EAGLE PUBLICATIONS, INC., A Virginia Corporation; Eagle Publishing Company, A Virginia partnership, and its general partners: George Hale, Merrit Lauderback, Marcia Jordan, Anita Robertson, Print First, Inc., a Virginia Corporation, Mrs. Merrit Lauderback, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1989.


Attorney(s) appearing for the Case

Leo Jon Perk, Newport News, Va., (Perk & Cottingham, on brief), for plaintiff-appellant.

Steven Paul Letourneau, Louis B. Fine (John R. Lomax, Fine, Fine, Legum & Fine, P.A., Virginia Beach, Va., on brief), for defendants-appellees.

Before PHILLIPS and CHAPMAN, Circuit Judges, and WILLIAMS, District Judge for the E.D. of Va., sitting by designation.


CHAPMAN, Circuit Judge:

This case comes before us on cross-appeals of Konor Enterprises, Inc. and Eagle Publications, Inc. Konor contends that the district court improperly granted it only $1.00 in nominal damages for a copyright infringement by Eagle. Since Konor produced evidence on Eagle's gross revenues, Konor contends that the district court erred in not requiring Eagle to sustain its statutory burden and prove the element of profit it derived from non-infringement...

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