U.S. Court of Appeals for the Ninth Circuit, 1951

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

U.S. Court of Appeals for the Ninth Circuit · Decided August 9, 1951 · Denman, Heady, Goodman

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

Counsel

Carr & Carr & Gravely, Joseph J. Gravely, St. Louis, Mo., Harris, Kiech, Foster & Harris, Ward D. Foster, Los Angeles, Cal., for appellant., C. A. Miketta and W. W. Glenny, Los Angeles, Cal., for appellee.

Cases that cite this one

4 later published cases cite this decision.

Crown Machine & Tool Co. v. K v P-Sutherland Paper Co. (United States District Court for the Northern District of California 1968)
Florida Brace Corporation and Arthur R. Moore v. William L. Bartels and Prosthetic & Orthopedic Supply Co. (9th Cir. 1964)
Talon, Inc. v. Union Slide Fastener, Inc., Union Slide Fastener, Inc. v. Talon, Inc. (9th Cir. 1959)
Faulkner v. Gibbs (9th Cir. 1952)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.