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265 F.3d 638 *; 2001 U.S. App. LEXIS 20627 **; 60 U.S.P.Q.2D (BNA) 1283 ***; Copy. L. Rep. (CCH) P28,314; 50 Fed. R. Serv. 3d (Callaghan) 459
HARBOR MOTOR COMPANY, INCORPORATED, d/b/a HARBOR OLDSMOBILE-GMC TRUCK, an Indiana Corporation, Plaintiff-Appellant, v. ARNELL CHEVROLET-GEO, INCORPORATED, an Indiana Corporation, d/b/a ARNELL CHEVROLET, and POST-TRIBUNE PUBLISHING COMPANY, INCORPORATED, d/b/a POST-TRIBUNE NEWSPAPER, an Indiana Corporation, Defendants-Appellees.
Prior History: [**1] Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 97 C 379. Allen Sharp, Judge.
Disposition: Order granting judgment as a matter of law to the Post-Tribune reversed. Order of attorney's fees to the Post-Tribune as a prevailing party reversed. Order awarding Arnell costs and attorney's fees under Rule 68 reversed. Order denying Harbor its costs and attorney's fees vacated. Case remanded to the district court for further proceedings consistent with this opinion.
costs, attorney's fees, prevailing party, infringement, advertisement, district court, newspaper, joint offer, Copyright Act, tent, matter of law, contributory, infringement claim, unapportioned, sales, motion for judgment as a matter of law, entitlement, comparable, contends, changes, grounds, parties
Copyright Law, Civil Infringement Actions, Elements, Copying by Defendants, General Overview, Ownership, Civil Procedure, Appeals, Standards of Review, De Novo Review, Substantial Evidence, Settlements, Offers of Judgment, Acceptances, Costs & Attorney Fees, Costs, Making of Offers, Clearly Erroneous Review, Remedies, Damages, Types of Damages, Costs & Attorney Fees, Attorney Fees & Expenses, Basis of Recovery, Statutory Awards, Pensions & Benefits Law, ERISA, Civil Litigation, Rejection, Contracts Law, Defenses, Ambiguities & Mistakes, Criminal Law & Procedure, Counsel, Joint Representation