9th Circuit Considers Copyright Case Against Actress
Los Angeles Daily Journal, April 16, 2018
‘Walk Of Shame’ Appellant Argues Against Attorney Fees Award In Favor Of Actress Elizabeth Banks
A district court judge’s apparent failure to consider a then-recent U.S. Supreme Court decision clarifying standards for attorney fees should justify vacating an award in a copyright infringement case against actress Elizabeth Banks, according to an appeal argued before a 9th Circuit Court of Appeals panel.
Glen A. Rothstein, an entertainment attorney at Rothstein Law APC not involved in the case, said that while he respected the appellant counsel’s “clever lawyering,” he seemed to be trying to “fit a square peg in a round hole.”
Rothstein said the plaintiff-appellant “seems to want a new legal standard” where the court must expressly acknowledge the substantive weight it’s given to objective reasonableness or risk reversal.
“I don’t think the Kirtsaeng decision really added much to the analysis, and the court didn’t have to mention it or not mention it,” Rothstein said. “[The appeal] didn’t add anything new in terms of the traditional five factors that a court looks at when awarding attorney’s fees.”