Brown

ORDER RE DEFENDANT’S (1) MOTION FOR ATTORNEYS’ FEES INCURRED IN CONNECTION WITH ANTI-SLAPP MOTION; AND (2) MOTION FOR ATTORNEYS’ FEES INCURRED IN CONNECTION WITH LANHAM ACT CLAIM [50, 51]

This matter is before the Court on Defendant’s Motions for Attorneys’ Fees incurred in bringing its initial anti-SLAPP motion and in litigating Plaintiffs Lanham Act claim. The Court deems this matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78(b); C.D. Cal. L.R. 7-15. For the reasons set forth below, both Motions for Attorneys’ Fees are DENIED.

I.

PROCEDURAL BACKGROUND

This case arose out of a video game company’s alleged unauthorized use of a retired sports celebrity’s likeness in a series of sports-related video games. Briefly summarized, Plaintiff James “Jim” Brown is widely considered one of the best professional football running backs of all time, playing in the National Football League (“NFL”) for nine seasons with the Cleveland Browns from 1957 to 1965. Defendant Electronic Arts, Inc. (“EA”) develops and publishes various video games, including the popular Madden NFL series which, as previously described by the Court, consists of virtual players on cur rent NFL…