Cairns

ORDER ON DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES

I. Introduction

The Court granted summary judgment for the defendants on June 27, 2000. After over two years of litigation in this Court, an interlocutory appeal, and resisting efforts to change the right of publicity statute in the legislature, defendants seek attorneys’ fees totaling $3,124,121.85 for over 10,900 hours of work on this case. On September 11, 2000, the Court heard oral argument on the Motion. The Court now issues the following attorneys’ fees award.

II. Standard

Defendants are entitled to attorneys’ fees incurred in successfully defending plaintiffs’ claim that defendants violated the right of publicity statute. “The prevailing party or parties in any action under this section shall also be entitled to attorneys’ fees and costs.” Cal. Civ.Code § 3344.1(a)(1) previously codified at Cal. Civ.Code § 990.

The Lanham Act permits an award of attorneys’ fees to a prevailing party “in exceptional circumstances.” See 15 U.S.C. § 1117 (a). “Exceptional circumstances can be found when the non-prevailing party’s case ‘is groundless, unreasonable, vexatious, or pursued in bad faith.’” G racie v. Gracie, 217 F.3d 1060, 1071…