Legal Opinion · Dissent

Bouchat v. Baltimore Ravens Football Club, Inc.

Court of Appeals for the Fourth Circuit

Decided October 8, 2003No. 02-1999Published

1DissentWidener, Circuit Judge

I respectfully dissent. I am of opinion that the district court erred by refusing to instruct the jury that the defendants’ profits are deemed attributable to the alleged copyright infringement unless the defendants prove otherwise.

I first recount some of the relevant facts from our earlier opinion in this case. In' 1995, Frederick Bouchat was a security guard at an office building. As word spread that a National Football League team was returning to Baltimore, Bouchat drew team designs and logos. He showed the designs to visitors of the building and sometimes gave them away as gifts. Bouchat…

2Cases cited10 opinions

  1. Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994
  2. Nelson-Salabes, Inc. v. Morningside Development, LLCCourt of Appeals for the Third Circuit · 2002
  3. Frederick E. Bouchat v. Baltimore Ravens, Incorporated National Football League Properties, IncorporatedCourt of Appeals for the Fourth Circuit · 2001
  4. Morris v. Pennsylvania R. CoCourt of Appeals for the Second Circuit · 1951
  5. Bruce v. Weekly World News, Inc.Court of Appeals for the First Circuit · 2002

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