Estate of Elkan v. Hasbro, Inc.

MEMORANDUM **

Plaintiff Estate of Gunter S. Elkan sued Defendants Hasbro, Inc., and its wholly owned subsidiary Milton Bradley Company for copyright infringement of Plaintiffs board game “Strategy,” allegedly caused by Defendants’ board game “Stratego.” The district court granted Defendants’ motion for summary judgment, ruling that Defendants lacked access to Plaintiffs work. Defendants moved for the award of attorney fees, which the district court denied. Plaintiff appeals the grant of summary judgment, and Defendants cross-appeal the denial of attorney fees.

We review de novo a district court’s grant of summary judgment. Scribner v. Worldcom, Inc., 249 F.3d 902, 907 (9th Cir.2001). We review for abuse of discretion a district court’s denial of a request for attorney fees under the Copyright Act, Ets-Hokin v. Skyy Spirits Inc., 323 F.3d 763, 766 (9th Cir.2003), and denial of a request for an attorney fee sanction under 28 U.S.C. § 1927 , Barber v. Miller, 146 F.3d 707, 709 (9th Cir.1998). “[W]e may affirm the district court for any reason supported by the record,” United States v. Ortega-Ascanio, 376 F.3d 879, 885 (9th Cir.2004), and do so here.

1. Under the Copyright Act,…