Legal Opinion
Derek Andrew, Inc. v. Poof Apparel Corp.
Court of Appeals for the Ninth Circuit
Decided June 11, 2008No. 07-35048PublishedCited by 132 opinions
1Opinion of the Court
WRIGHT, District Judge:
Poof Apparel Corporation (“Poof’) appeals the district court’s award to Derek Andrew, Inc. (“Andrew”) of $15,000 in statutory damages under the Copyright Act, along with $296,090.50 in attorneys’ fees. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and for the following reasons, REVERSE and REMAND.
BACKGROUND
A. The parties and property rights at issue
Andrew and Poof are corporations engaged in the apparel business. Of primary importance to this appeal is Andrew’s “Twisted Heart” clothing line — a line of casual sportswear for women aged 14-70. Consumers can find…
2Cases cited13 opinions
- Televideo Systems, Inc. K. Philip Hwang C. Gemma Hwang v. Fred P. Heidenthal, Individually and Dba South Harbor Investors and West Cliff SecuritiesCourt of Appeals for the Ninth Circuit · 1987
- Rio Properties, Inc. v. Rio International Interlink, Rio Properties, Inc. v. Rio International InterlinkCourt of Appeals for the Ninth Circuit · 2002
- Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc.Court of Appeals for the Ninth Circuit · 1985
- Johnson v. JonesCourt of Appeals for the Sixth Circuit · 1998
- Hodge E. Mason and Hodge Mason Maps, Inc. v. Montgomery Data, Inc.Court of Appeals for the Fifth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Wecosign, Inc. v. IFG Holdings, Inc.District Court, C.D. California · 2012
- Yelp Inc. v. CatronDistrict Court, N.D. California · 2014
- Moroccanoil, Inc. v. Allstate Beauty Products, Inc.District Court, C.D. California · 2012
- Luxul Technology Inc. v. Nectarlux, LLCDistrict Court, N.D. California · 2015
- Gabbanelli Accordions & Imports v. Ditta Gabbanelli Ubaldo Di Elio GabbanelliCourt of Appeals for the Seventh Circuit · 2009
127 more not listed; retrieve them via the Exa API.