Home » Trademark » Plaintiff’s Attorneys Ordered to Pay Defendants Attorneys’ Fees in Copyright Case

Plaintiff’s Attorneys Ordered to Pay Defendants Attorneys’ Fees in Copyright Case

Design Ideas v. The Yankee Candle Company, 10-CV-3217, Slip. Op. (C.D. Ill. Jan. 11, 2013)(McCuskey)

Design Ideas had originally sued the Yankee Candle Company for copyright infringement over glass sculptures sold by both parties.  The Copyright Office had previously determined that plaintiff’s sculptures were not entitled to copyright protection.  To make matters worse, plaintiff had alleged that it held a valid copyright registration.

The Court determined that, given that defendant had prevailed in the underlying case, it was entitled to its attorneys fees.  In addition, given the misrepresentation by both plaintiff and plaintiff’s counsel regarding the registration, at least some of these fees were to come from plaintiff’s attorneys.  Accordingly, plaintiff’s counsel were ordered to pay $10,000 of the $118,305 fee award, and were held jointly liable with plaintiff for another $10,000.


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