Legal Opinion

Estate of Vane v. Fair, Inc.

Court of Appeals for the Fifth Circuit

Decided July 14, 1988No. 87-2757PublishedCited by 8 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The owner of an infringed copyright asks this court to increase the amount of damages awarded it by the district court and to find liability on the part of a co-defendant the district court held to have been an innocent infringer. We find that the district court did not err in failing to base the damage award on those profits of the in-fringer allegedly attributable to the infringement because the infringer did not establish the amount of those profits, if any there were, and the court did not err in finding the co-defendant innocent. Accordingly, we affirm.

I

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2Cases cited2 opinions

  1. Shapiro, Bernstein & Co. v. Remington Records, Inc.Court of Appeals for the Second Circuit · 1959
  2. Vane v. the Fair, Inc.District Court, E.D. Texas · 1987

3Cited by8 opinions

  1. MGE UPS Systems, Inc. v. GE Consumer & Industrial, Inc.Court of Appeals for the Fifth Circuit · 2010
  2. Andreas v. Volkswagen of America, Inc.Court of Appeals for the Eighth Circuit · 2003
  3. Cananwill, Inc. v. EMAR Group, Inc.District Court, M.D. North Carolina · 1999
  4. ESTATE OFCourt of Appeals for the Fifth Circuit · 1988
  5. Atlanta Allergy and Asthma Clinic, Pa v. Allergy & Asthma of Atlanta, LLCDistrict Court, N.D. Georgia · 2010

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