Cadkin

Cadkin v. Bluestone

Good Law
290 F. App'x 58
United States Court of Appeals for the Ninth CircuitAugust 7, 2008Nos. 07-55376, 07-55718California321 words

Opinion

Lead Opinion

MEMORANDUM *

Emil Cadkin and the Cadkin Trust (“Cadkin”) appeal the district court’s discretionary award of attorneys’ fees pursuant to 17 U.S.C. § 505 in favor of Defendant-Appellees in the amount of $116,086.50. We affirm.

In deciding whether to award fees, the district court appropriately and explicitly considered all the relevant factors referenced in Jackson v. Axton, 25 F.3d 884, 890 (9th Cir.1994), overruled on other grounds by Fogerty v. Fantasy, Inc., 510 U.S. 517, 531-32 , 114 S.Ct. 1023 , 127 L.Ed.2d 455 (1994). In so doing, the district court concluded that Cadkin’s claims were frivolous, his continued pursuit of the case suggested bad faith, and because he did not own any interest in the copyrights at issue his arguments were objectively unreasonable. The record adequately supports these conclusions. As the district court said, “Plaintiff did not have standing to bring the claim and he knew he did not have standing, yet brought the claim anyway.” We find ample support for this particular conclusion in (1) Cadkin’s previous sale of his copyrights to others, (2) his admission of the same, and (3) his submission to the court nevertheless of a claim *60 for relief in…

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