Klinger v. Conan Doyle Estate, Ltd.

Federal 7th Circuit Court
Civil Court
Attorney Fees
Citation
Case Number: 
No. 14-1128
Decision Date: 
August 4, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in awarding plaintiff $30,679.33 in attorney fees as prevailing party in plaintiff’s action seeking declaration that plaintiff did not infringe on any copyrights belonging to defendant, where plaintiff had used story elements and characters of Sherlock Holmes novels in plaintiff’s own book, and where copyrights in defendant’s novels had already expired. Ct. rejected defendant’s claim that plaintiff was not entitled to any fees because defendant had presented colorable defense to plaintiff’s claim and further found that attorney fees were especially appropriate, where defendant had wrongfully attempted to coerce plaintiff into abandoning her book under circumstances where cost to vindicate plaintiff’s rights exceeded any private benefit to plaintiff. Ct. also observed that defendant had improperly attempted to coerce third-parties into enforcing defendant’s non-existent copyright claims against plaintiff.