Niekerk

Global Videos, Inc. v. Niekerk

Good Law
187 F. App'x 689
United States Court of Appeals for the Ninth CircuitJune 22, 2006No. 04-56690California601 words

Opinion

Lead Opinion

MEMORANDUM *

Leisure Time Entertainment, Inc. (“Leisure Time”) appeals the district court’s award of damages for lost profits, attorney’s fees, and prejudgment interest to Cal Vista International, Ltd. (“Cal Vista”). We affirm.

The district court did not clearly err in finding that Leisure Time’s illegal distribution of compilations proximately caused Cal Vista to lose profits. There is testimony in the record that Cal Vista’s licensing of the Leisure Time features decreased after the compilations were distributed, that Cal Vista received complaints from its licensees that Leisure Time’s compilations were inhibiting their sales, and that Cal Vista lost several customers following Leisure Time’s distribution of the compilations. While the question of causation was a close call, “[t]he district court’s determination here is plausible in light of the record before the district court ... and will not be disturbed on appeal.” Husain v. Olympic Airways, 316 F.3d 829, 839 (9th Cir.2002), aff'd, 540 U.S. 644 , 124 S.Ct. 1221 , 157 L.Ed.2d 1146 (2004).

Substantial evidence supports the district court’s method of computing Cal Vista’s lost profits. See Humetrix, Inc. v. Gemplus S.C.A.,…

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