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ANDREAS v. VOLKSWAGEN OF AMERICA, INC.

No. 02-2309, 02-2420.

336 F.3d 789 (2003)

Brian ANDREAS, an individual, Appellant/Cross-Appellee, v. VOLKSWAGEN OF AMERICA, INC., doing business as Audi of America, Inc., a New Jersey Corporation, Appellee, McKinney & Silver, Inc., a Delaware Corporation, Cross-Appellant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2003.

Attorney(s) appearing for the Case

S. Jerome Mandel, argued, Santa Monica, CA (Lilly Lewis of Santa Monica, CA, J. Michael Weston of Cedar Rapids, IA, on the brief), for appellant.

Counsel who presented argument on behalf of the appellee was Sara Edelman, argued, New York City, for Volkswagen

Howard R. Weingrad, argued, New York City, for McKinney & Silver (Edmund J. Sease, Jeffrey D. Harty, Des Moines, IA, on the brief), for appellees.

Before HANSEN, Chief Judge, JOHN R. GIBSON and LOKEN, Circuit Judges.

HANSEN, Circuit Judge.

A jury awarded Brian Andreas a total of $965,000 in his copyright infringement action against Volkswagen of America, Inc., doing business as Audi of America, Inc. (hereinafter "Audi") and McKinney & Silver, Inc. (hereinafter "M & S"), Audi's advertising agency. The jury found that the defendants violated federal copyright law when M & S included a phrase from one of Andreas's copyrighted works in a television commercial that it created...

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