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STEHRENBERGER v. R.J. REYNOLDS TOBACCO HOLDINGS, INC.

No. 03 Civ. 4894(LLS).

335 F.Supp.2d 466 (2004)

Michiko STEHRENBERGER, Plaintiff, v. R.J. REYNOLDS TOBACCO HOLDINGS, INC.; R.J. Reynolds Tobacco Company; Kim Clemmons, individually and d/b/a Genius Insanity, Inc., and Genius Insanity Entertainment; Draft Worldwide, Inc. associated with/or d/b/a Draft Inc., and Kevin Berg & Associates, Inc. d/b/a KBA Marketing, Defendants.

United States District Court, S.D. New York.

September 14, 2004.

Attorney(s) appearing for the Case

Stephen A. Weingrad, William D. Gardner, Weingrad & Weingrad, LLP, New York City, for plaintiff.

Marc J. Rachman, David S. Greenberg, Davis & Gilbert, LLP, New York City, for defendants.

OPINION and ORDER

STANTON, District Judge.

In this copyright infringement suit, the issue presented by defendants' motion for partial summary judgment is whether plaintiff can claim, as part of her "actual damages," a multiplier or "fee for unauthorized usage" which would increase by up to ten times the amount which would otherwise represent a fair and reasonable license fee for the infringed material.

Plaintiff's damages expert bases his calculation...

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