FANTASY, INC. v. FOGERTY

Nos. 95-16040, 95-16138.

94 F.3d 553 (1996)

FANTASY, INC., Plaintiff-Appellant, Cross-Appellee, v. John C. FOGERTY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1996.


Attorney(s) appearing for the Case

Albert M. Bendich and Paul N. Halvonik, Berkeley, California, for plaintiff-appellant-cross-appellee.

Kenneth I. Sidle, Gipson, Hoffman & Pancione, Los Angeles, California, for defendant-appellee-cross-appellant.

Before: WOOD, Jr., CANBY, and RYMER, Circuit Judges.


RYMER, Circuit Judge:

This appeal requires us to consider the scope of a district court's discretion to award a reasonable attorney's fee to a prevailing defendant in a copyright infringement action, and in particular, to decide whether a court must find some "culpability" on the part of the plaintiff in pursuing the suit before it can award a fee to a prevailing defendant whose victory on the merits furthers the purposes of the Copyright Act.

John Fogerty...

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