United States First Circuit

In a copyright infringement action brought by a jewelry company against Target Corporation and its supplier involving a certain design for costume jewelry, judgment as a matter of law for defendants and a refusal to award them attorney's fees is affirmed on the merits, but reversed as to the fees ruling as denying defendants attorney's fees was an abuse of discretion under the circumstances.

Appellate Information

• Decided 08/08/2007
• Published 08/08/2007

Judges

• LIPEZ, Circuit Judge., Before TORUELLA, Circuit Judge, GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Robert W. Clarida, with whom Thomas A. Tarro, III, Kris Macaruso Marotti, Cowan, Liebowitz & Latman, P.C., and The Law Firm of Thomas A. Tarro, III, were on brief, for appellant/cross-appellee., Thomas R. Noel, with whom John R. Harrington and Noel & Gyorgy LLP, were on brief, for appellee/cross-appellant Style Accessories, Inc., Craig M. Scott, with whom Christine K. Bush and Duffy Sweeney & Scott, Ltd., were on brief for appellees/cross-appellants Cherokee, Inc., Target Corporation and Robert Margolis.