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DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP.

No. 02-428.

539 U.S. 23 (2003)

DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP. ET AL.

Supreme Court of United States.

Decided June 2, 2003.

Attorney(s) appearing for the Case

David A. Gerber argued the cause for petitioner. With him on the briefs were Stewart A. Baker, Bennett Evan Cooper, and David Nimmer.

Gregory G. Garre argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Anthony J. Steinmeyer, and Mark S. Davies.

Dale M. Cendali argued the cause for respondents. With her on the briefs were Walter E. Dellinger, Pamela A. Harris, Jonathan D. Hacker, Jeremy Maltby, Pammela Quinn, and Gary D. Roberts.*

SCALIA, J., delivered the opinion of the Court, in which all other Members joined, except BREYER, J., who took no part in the consideration or decision of the case.

JUSTICE SCALIA delivered the opinion of the Court.

In this case, we are asked to decide whether § 43(a) of the Lanham Act, 15 U. S. C. § 1125(a), prevents the unaccredited copying of a work, and if so, whether a court may double a profit award under § 1117(a), in order to deter future infringing conduct.

I

In 1948, three and a half years after the German surrender at Reims, General Dwight D. Eisenhower completed Crusade in Europe,...

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