U.S. Court of Appeals for the Ninth Circuit, Cobbler Nevada, LLC v. Gonzales, Docket No. 17-35041

Attorney’s fees: Copyright: Prevailing party: Dismissal with prejudice: Voluntary dismissal: The Copyright Act states that the district court “may . . . award a reasonable attorney’s fee to the prevailing party as part of the costs . . . .” 17 U.S.C. § 505. Gonzales is the “prevailing party” because Cobbler Nevada’s contributory infringement claim was dismissed with prejudice. See Cadkin v. Loose, 569 F.3d 1142, 1150 (9th Cir. 2009) (“A defendant is a prevailing party following dismissal of a claim if the plaintiff is judicially precluded from refiling the claim against the defendant in federal court.”).In awarding fees to Gonzales, the district court acted within its discretion. See Entm’t Research 10 Grp. v. Genesis Creative Grp., 122 F.3d 1211, 1216–17, 1228–29 (9th Cir. 1997).(…) See Kirtsaeng, 136 S. Ct. at 1988–89 (a district court “may order fee-shifting . . . to deter . . .…

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