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United Fabrics Int'l, Inc. v. Lane Bryant

June 24, 2010

UNITED FABRICS INT'L, INC.
v.
LANE BRYANT, INC.



The opinion of the court was delivered by: Honorable Otis D. Wright II, United States District Judge

CIVIL MINUTES - GENERAL

Proceedings (In Chambers): ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR ATTORNEYS' FEES; PERMITTING OVERHEAD DEDUCTIONS EVEN WHERE INFRINGEMENT IS WILLFUL [91, 92]

The matter is before the Court on Plaintiff United Fabrics International, Inc.'s ("Plaintiff") motion for attorneys' fees in the sum of $194,563.50 pursuant to the Copyright Act, 17 U.S.C. § (Docket No. 91.)*fn1 The Court deems the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. After careful consideration of the parties' papers, the motion is GRANTED IN PART.

I. FACTUAL BACKGROUND

This is a copyright infringement case. Plaintiff sued Defendants Lane Bryant, Inc., Charming Shoppes, Inc., Newport Apparel Corporation (erroneously sued as International Newport Group), Moa Moa, Inc., and K.E.S. Textile, Inc. (collectively, "Defendants") jointly and severally for infringement of its copyrighted fabric design. The case was tried to a jury from January 12 to January 14, 2010. (Docket Nos. 79, 80, 81.) On January 15, 2010, the jury rendered a verdict for Plaintiff and against Defendants Lane Bryant, Charming Shoppes, Newport Apparel, and K.E.S. Textile, awarding Plaintiff actual damages and infringer's profits in the amount of $447,670.60. (Docket Nos. 85, 86.) The verdict is summarized below as follows:

DEFENDANT LIABILITY

Newport Apparel $125,750.60

Lane Bryant $214,005.00

K.E.S. Textile $81,570.20

Against all defendants jointly and severally $26,344.80

TOTAL $447,670.60

Plaintiff now moves for an award of attorneys' fees.

II. DISCUSSION

A. Prevailing ...


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