Contessa Food Products Inc. v. Lockpur Fish Processing Co.

MEMORANDUM *

Contessa Food Products, Inc. appeals dismissal on summary judgment of its copyright infringement claims against defendants Berdex Seafood Inc., Coast to Coast Seafood, Inc., Mazzetta Company LLC, Slade Gorton & Company, Inc., and Hanwa America Corporation. Contessa also appeals dismissal on summary judgment of its Lanham Act claims for disgorgement of profits and injunctive relief against the aforementioned defendants, as well as against defendants Fishery Products International, Sea Port Products Corporation, and Admiralty Island Fisheries, Inc. (collectively “Defendants”). Defendants Mazzetta, Hanwa America, and Slade Gorton cross-appeal the district court’s decision denying their request for attorneys’ fees under the Copyright Act. We affirm the dismissal of Contessa’s copyright and trademark claims. We reverse the decision to deny Mazzetta, Hanwa America, and Slade Gorton attorneys’ fees under the Copyright Act and remand to the district court for a determination of the reasonable attorneys’ fees each incurred defending against Contessa’s copyright claims.

Contessa acknowledges that these Defendants did not themselves copy its Boiling Shrimp Image, claiming…