The IT Law Wiki
Register
Edit Page
Warning: You are not logged in. Your IP address will be publicly visible if you make any edits. If you log in or create an account, your edits will be attributed to your username, along with other benefits.

The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.

Latest revision Your text
Line 31: Line 31:
 
=== Attorney’s Fees ===
 
=== Attorney’s Fees ===
   
Kirby also appealed the grant of [[attorney’s fees]] to Sega. Under [http://law.onecle.com/california/civil/3344.html California Civil Code §3344(a)], California's [[statute]] governing [[misappropriation]] of a celebrity's [[likeness]], the [[prevailing party]] in an action under that section "shall" be awarded [[attorney's fees]] and [[costs]]. The trial court awarded $608,000 in [[attorney's fees|fees]] and [[cost]]s to Sega. Kirby argued that although [http://law.onecle.com/california/civil/3344.html Section 3344(a)] used "shall," it should be interpreted permissively. The appellate court rejected this argument and found that the [[legislature]] intended a mandatory grant of [[attorney's fees]]. The court then [[remand]]ed the case to the trial court to determine the appropriate additional amount of [[attorney's fees|fees]] to which Sega was entitled for its appeal.
+
Kirby also appealed the grant of [[attorney’s fees]] to Sega. Under [http://law.onecle.com/california/civil/3344.html California Civil Code §3344(a)], California’s statute governing [[misappropriation]] of a celebrity’s [[likeness]], the prevailing party in action under that section “shall” be awarded [[attorney’s fees]] and [[costs]]. The trial court awarded $608,000 in [[attorney's fees|fees]] and [[cost]]s to Sega. Kirby argued that although [http://law.onecle.com/california/civil/3344.html Section 3344(a)] used “shall, it should be interpreted permissively. The appellate court rejected this argument and found that the legislature intended a mandatory grant of [[attorney’s fees]]. The court then remanded the case to the trial court to determine the appropriate additional amount of [[attorney's fees|fees]] to which Sega was entitled for its appeal.
   
 
== References ==
 
== References ==
Please note that all contributions to the The IT Law Wiki are considered to be released under the CC-BY-SA
Cancel Editing help (opens in new window)