United States Ninth Circuit

Summary judgment for defendants with award of attorney's fees in plaintiff's action alleging violations of the Copyright Act and the Lanham Act in a rock band's unauthorized use of an illustration in the video backdrop of its stage show is: 1) affirmed, where the video backdrop was a fair use under the Copyright Act, and plaintiff failed to establish any trademark rights under the Lanham Act; but 2) vacated as to the award of attorney's fees, where despite the defendants' success on the fair use defense, plaintiff did not act objectively unreasonably.

Appellate Information

• Decided 08/07/2013
• Published 08/07/2013

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel