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Harbor Motor Co., Inc. v. Arnell Chevrolet-Geo, Inc.

Defendant must be prevailing party under Copyright Act to recover attorneys' fees pursuant to FRCP 68 cost-shifting provision.

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The full case caption appears at the end of this opinion.

RIPPLE, Circuit Judge. Harbor MotorCompany, Inc. (“Harbor”) brought suitagainst Arnell Chevrolet-Geo, Inc.(“Arnell”) and Post-Tribune PublishingCompany, Inc. (“Post-Tribune”), allegingcopyright infringement. Arnell and thePost-Tribune tendered to Harbor an offerof judgment for $20,100, which Harborrejected. The case proceeded to trialand, at the close of Harbor’s case-in-chief, both Arnell and the Post-Tribunemoved for judgment as a matter of law.The district court granted the motion asto the Post-Tribune but permitted theclaims against Arnell to go to the jury.The jury found in favor of Harbor andawarded Harbor $12,500 in damages.

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