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CIPES v. MIKASA, INC.

No. CIV.A. 02-12370NMG.

404 F.Supp.2d 367 (2005)

Joel CIPES, d/b/a Joel Cipes Photography, Plaintiff, v. MIKASA, INC., Defendant.

United States District Court, D. Massachusetts.

November 14, 2005.

Attorney(s) appearing for the Case

Andrew D. Epstein, Barker, Epstein & Loscocco, Boston, MA, Matthew K. Ryan, Frommer Lawrence & Haug, New York City, for Plaintiff.

Leslie C. Allen, Frommer Lawrence & Haug, LLP, Leonard J. Santisi, Frommer Lawrence & Haug LLP, San Diego, CA, Howard J. Susser, Burns & Levinson, Merton E. Thompson, Burns & Levinson LLP, Daniel B. Trinkle, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC, Boston, MA, for Defendant.

MEMORANDUM & ORDER

GORTON, District Judge.

I. Background

After a five-day jury trial, a unanimous jury awarded the plaintiff, Joel Cipes d/b/a Joel Cipes Photography ("Cipes"), $665,000 on a copyright infringement claim against the defendant, Mikasa, Inc. ("Mikasa"). The jury also found that Mikasa and Cipes had entered into an enforceable contract for the use of Cipes's photographs but concluded that Mikasa had not breached that...

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