Embroidery Industries, Inc. v. Brasking, Inc.

MEMORANDUM *

AppeHants Brasking, Inc. (“Brasking”) and The May Department Stores Company, dba Robinsons-May, Inc. (“RobinsonsMay”), appeal from the district court’s judgment in favor of Embroidery Industries, Inc. (“Embroidery”) following a jury trial on Embroidery’s claim that Brasking and Robinsons-May infringed Embroidery’s registered copyrights in violation of the Federal Copyright Act, 17 U.S.C. §§ 101-1332 (2000) (“Act”).

Brasking and Robinsons-May contend that (1) the evidence shows that Brasking had an undisputed implied license to use Embroidery’s copyrighted designs, (2) the undisputed facts establish as a matter of law that Embroidery is not entitled to *113 damages and attorney’s fees pursuant to § 412 of the Act, (3) the district court erred in amending the verdict because the jury returned inconsistent and irreconcilable special verdicts finding Brasking liable and Robinsons-May not hable, and (4) Brasking was a joint author of Design Number 6.

We affirm. We conclude that substantial evidence supported the jury’s finding that Embroidery is entitled to damages and attorney’s fees because Brasking did not have an implied license to copy Embroidery’s designs, and…