Cooling Systems and Flexibles, Inc., a California Corporation, Plaintiff v. Stuart Radiator, Inc., Stuart-Western, Inc.
Opinion
Opinion
Sneed, J.
Cooling Systems and Flexibles, Inc. appeals the dismissal of its copyright infringement action, pursuant to Fed.R. Civ.P. 41(b), at the close of its presentation of evidence. It alleges that the district court erred in several respects: (1) by holding that a typographical error in its copyright registration certificate prevented its radiator catalog from receiving a valid registration; (2) by holding that the Manufacturing Clause, 17 U.S.C. § 601 (1982), denied copyright protection to its catalog; (3) by holding that it omitted any notice of copyright from more than a few copies of its catalog, thus dedicating the material in that catalog to the public domain; (4) by holding that no substantial similarity existed between its catalog and the Stuart Radiator catalog; (5) by refusing to admit into evidence a second version of the allegedly infringing Stuart Radiator catalog, published and distributed after commencement of the case; and (6) by awarding attorneys’ fees to Stuart Radiator without making a finding that the claim for infringement was frivolous or in bad faith. Both parties seek attorneys’ fees on appeal. We affirm the district court’s judgment.