Somebody Pays When Case Not Dismissed

Written By Tamera H. Bennett

by Tamera H. BennettJune 20, 2007

Attorney Michael Young with the IP ADR blog gives us a great look at why it is important for parties in copyright infringement cases submitted to binding arbitration to agree how fees and costs will be allocated for post-arbitration proceedings.

In Brayton Purcell LLP v. Recordon & Recordon, --- F.Supp.2d ---, 2007 WL 1462365 (N.D. Cal., May 18, 2007) (currently available only on Westlaw), the parties submitted to binding arbitration, but did not dismiss the pending suit or make an agreement prior to arbitration or during arbitration as to the allocation of post-arbitration fees and costs. Because the case was not dismissed, the prevailing party in arbitration asked for and was awarded post-arbitration costs and expenses pursuant to 15 U.S.C. sec. 505.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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