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BUSINESS TRENDS ANALYSTS v. FREEDONIA GROUP, INC.

No. 1178, Docket 89-7156.

887 F.2d 399 (1989)

BUSINESS TRENDS ANALYSTS, INC., Plaintiff-Appellee, v. The FREEDONIA GROUP, INC. and the Freedonia Group, Incorporated, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 5, 1989.

Attorney(s) appearing for the Case

James L. Stengel, New York City (Jeffrey A. Conciatori, Nicole van Ackere, Donovan Leisure Newton & Irvine, New York City, of counsel), for defendants-appellants.

Michael T. Cornacchia III, Melville, N.Y. (John L. Ciarelli, Ciarelli Dempsey & Cornacchia, Melville, N.Y., of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This copyright action involves the infringement of a study of the robotics industry. The principal issue on appeal concerns the appropriate measure of damages where a late-registering plaintiff fails to prove out-of-pocket losses to itself or conventional profits to the infringer.

Appellee Business Trends Analysts, Inc. ("BTA"), the successor to Predicasts, Inc. ("Predicasts"), claims that Predicasts...

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