Flying J, Inc. v. Central CA Kenworth

Good Law
45 F. App'x 763
United States Court of Appeals for the Ninth CircuitSeptember 3, 2002Nos. 00-17290, 00-17336; D.C. Nos. CV-95-05030-REC-LJO, CV-95-05030-LJOCalifornia1,602 words

Opinion

Lead Opinion

MEMORANDUM *

Flying J, Inc., brought this infringement and conversion action, alleging that the defendants wrongfully acquired copyrighted architectural plans to build a truck stop known as the Madera Travel Center (“MTC”). A jury found defendants Central California Kenworth, Inc. (“CCK”), Tommy Pistacchio, and Ron Daggett liable on the infringement and conversion claims, awarding as damages both lost franchise fees and MTC profits. On re-mittitur, the court struck MTC profits to avoid double recovery. The court also denied Flying J’s motion to permanently enjoin the operation of the truck stop. CCK and Pistacchio (collectively “appellants”) appeal, alleging that Flying J cannot recover damages for the use of a building constructed with copyrighted plans, and that the damages awarded are speculative. Flying J cross-appeals, alleging error in the denial of the permanent injunction.

The parties are familiar with the facts underlying the proceedings, and we do not recite them here. We have jurisdiction over these appeals under 28 U.S.C. § 1291 and affirm the rulings of the district court.

A. Actual Damages Award

Appellants first argue that the actual damages award based on Flying…

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