Intellectual Property: Ninth Circuit Determines, In Case Of First Impression, That A Declaratory Relief Victory On Copyright Abandonment Qualifies For A Potential Fees Recovery Under 17 U.S.C. §505

Fee Denial Vacated And Remanded To Consider Whether It Qualifies Under Discretionary Copyright Fee-Shifting Statute Guidelines.

            The Ninth Circuit, in Doc’s Dream, LLC v. Dolores Press, Inc., No. 18-56073 (9^th Cir. May 13, 2020) (published), reversed a district judge’s determination in denying a copyright fees request under 17 U.S.C. §505 as a matter of law.  In a case of first impression, it determined that section 505 fees potentially were recoverable where copyright litigants won a declaratory relief victory on copyright abandonment.  The Ninth Circuit vacated the fee denial and remanded so that the district judge could then weigh the discretionary factors to determine if a fee award was justified under section 505. 

            BLOG CONGRATS—We noticed our friend Ben Shatz of Manatt Phelps was winning lead counsel for the appealing parties.  Congrats, Ben!