High Fidelity Recordings, Inc. v. Audio Fidelity, Inc.

This is an appeal from a final judgment entered by the United States Dis trict Court, upon remand by this court (Audio Fidelity, Inc. v. High Fidelity Recordings, Inc., 9 Cir., 1960, 283 F.2d 551 ), against appellant, permanently enjoining it from competing unfairly with appellee and assessing damages against appellant in the total amount of $8,664.98 and costs. A timely notice of appeal having been filed, the jurisdiction of the district court and of this court is founded upon the same authorities as cited in the earlier appeal.

The basic facts are not disputed by the parties. Appellant only appeals from that portion of the judgment entered below (a) that awards its profits from the sale of records in copied jackets, and (b) attorneys’ fees. We affirm.

Upon the remand of this case for further consideration in accordance with this court’s mandate, the district court set the matter for trial on the issue of damages. Prior to the trial, appellee sought to take the deposition of Mr. Vaughn, appellant’s president, for the purpose of determining appellee’s damages and appellant’s profits.

At the deposition, Vaughn failed to produce the books and records called for by the notice and…