Day-Brite Lighting, Inc. v. Ruby Lighting Corp.

Ninth Circuit

Day-Brite Lighting, Inc. v. Ruby Lighting Corp.

191 F.2d 521, 91 U.S.P.Q. (BNA) 225, 1951 U.S. App. LEXIS 4114

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 9, 1951

Docket12633

StatusPublished

Cited by4 cases

This text of 191 F.2d 521 (Day-Brite Lighting, Inc. v. Ruby Lighting Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Day-Brite Lighting, Inc. v. Ruby Lighting Corp., 191 F.2d 521, 91 U.S.P.Q. (BNA) 225, 1951 U.S. App. LEXIS 4114 (9th Cir. 1951).

Pincite

Opinion

PER CURIAM.

The judgment is affirmed on the findings of fact and conclusions of law of the district court, except as to the judgment for attorneys’ fees. There is no showing or finding of unfairness or bad faith in the conduct of the losing party nor any other equitable consideration of similar force *522 which makes it grossly unfair that the winner of this lawsuit he left to bear the burden of his own counsel fees which prevailing litigants normally bear, to bring the award within the discretionary power conferred in 35 U.S.C.A. §.70. Park-In-Theatres, Inc. v. Perkins, 9 Cir., 190 F.2d 137.

The judgment is reversed in so far as it awards attorneys’ fees in the sum of $3,000.

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PER CURIAM.

The judgment is affirmed on the findings of fact and conclusions of law of the district court, except as to the judgment for attorneys’ fees. There is no showing or finding of unfairness or bad faith in the conduct of the losing party nor any other equitable consideration of similar force *522 which makes it grossly unfair that the winner of this lawsuit he left to bear the burden of his own counsel fees which prevailing litigants normally bear, to bring the award within the discretionary power conferred in 35 U.S.C.A. §.70. Park-In-Theatres, Inc. v. Perkins, 9 Cir., 190 F.2d 137.

The judgment is reversed in so far as it awards attorneys’ fees in the sum of $3,000.

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Bluebook (online)

191 F.2d 521, 91 U.S.P.Q. (BNA) 225, 1951 U.S. App. LEXIS 4114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-brite-lighting-inc-v-ruby-lighting-corp-ca9-1951.

Opinion

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