Electronic Arts Inc. v. Hebrew University of Jerusalem

MEMORANDUM *

Electronic Arts, Inc. (“EA”) appeals the district court’s January 21, 2003, order denying its request for attorneys’ fees pur *631 suant to the Astaire Celebrity Image Protection Act, Cal. Civ.Code § 3344.1. Hebrew University in Jerusalem (“HUJ”) cross appeals the district court’s denial of its request for an award of costs and argues that the district court lacked subject matter jurisdiction over the suit. We affirm the district court’s order with respect to subject matter jurisdiction and costs; reverse the order with respect to the availability of attorneys’ fees; and remand for a determination of whether EA is the prevailing party and, if so, of the amount of fees.

Because the parties are familiar with the record, we recite only the facts necessary to explain our decision.

1. Jurisdiction

We review de novo the existence of subject matter jurisdiction and review for clear error the district court’s findings of fact relevant to its determination of subject matter jurisdiction. See United States v. Peninsula Comm., Inc., 287 F.3d 832, 836 (9th Cir.2002).

The district court asserted jurisdiction over EA’s request for declaratory judgment that its use of Albert…