Senta Maria Runge v. Joyce Lee and Joyce Eve Lee Cosmetics, Inc., a Corporation

Good Law
441 F.2d 579·169 U.S.P.Q. (BNA) 388·1971 U.S. App. LEXIS 11126
United States Court of Appeals for the Ninth CircuitMarch 26, 197124664California2,422 words

Opinion

Opinion

Carter, J.

Runge filed suit against appellants Joyce Lee (hereafter Lee) and Joyce Eve Lee Cosmetics, Inc., (hereafter Lee Cosmetics) on related claims of copyright infringement and unfair competition pursuant to 28 U.S.C. §§ 1338 (a) and (b). Runge waived a jury trial, but the appellants demanded one. The jury awarded Runge: (a) $80,000.00 as compensatory damages for copyright infringement against Lee and Lee Cosmetics; (b) $40,000.00 as compensatory damages for unfair competition against Lee and Lee Cosmetics; (c) $25,000.00 as punitive damages for unfair competition against Lee; and (d) $20,000.00 as punitive damages for unfair competition against Lee Cosmetics. Thereafter, the district court judge determined, pursuant to stipulation, that the net profits from infringement were $64,253.00. The court elected, however, to award Runge the $80,000.00 as compensatory damages for infringement, instead of the amount of profits. The district court also granted Runge $12,000.00 for attorneys’ fees, issued a permanent injunction against further copyright infringement or acts of unfair competition, and ordered the remaining copies of Lee’s infringing book impounded and destroyed. Judgment was…

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