Susan Wakeen Doll Company, Inc. v. Ashton-Drake Galleries

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

Kanne, Circuit Judge. Plaintiff, SusanWakeen Doll Company (“Wakeen”), sculpts,designs, and markets collectable dolls.Wakeen sued Ashton-Drake Galleries (“Ashton”) for copyright infringement under 17U.S.C. sec. 501 for allegedly copying thehead design used in one of Wakeen’s mostpopular dolls, the “Love Me Tender.”After a jury trial, the court enteredjudgment for Wakeen in the stipulatedamount of $2.1 million and awarded Wakeen$203,181.92 in attorney’s fees. Ashtonappeals, alleging that 1) the districtcourt erred in denying its motion forjudgment as a matter of law or, in thealternative, for a new trial, 2) thedistrict court submitted erroneous juryinstructions to the jury, 3) the districtcourt erred in denying its motion for amistrial, and 4) the district court erredin awarding attorney’s fees. We affirmthe district court’s denial of Ashton’smotion for judgment as a matter of law ora new trial and find that the allegedlyerroneous jury instructions did notprejudice Ashton. We also affirm thedistrict court’s denial of Ashton’smistrial motion. However, we vacate andremand the district court’s award ofattorney’s fees.