562 F.2D 1157 United States Court of Appeals, Ninth Circuit. SID
562 F.2d 1157 United States Court of Appeals, Ninth Circuit. SID & MARTY KROFFT TELEVISION PRODUCTIONS, INC. and Sid & Marty Krofft Productions, Inc., Plaintiffs-Appellants, v. McDONALD’S CORPORATION and Needham, Harper & Steers, Inc., Defendants-Appellees. SID & MARTY KROFFT TELEVISION PRODUCTIONS, INC. and Sid & Marty Krofft Productions, Inc., Plaintiffs-Appellees, v. McDONALD’S CORPORATION and Needham, Harper & Steers, Inc., Defendants-Appellants. Nos. 7 5-1203 and 75-1202. | Oct. 12, 1977. | Rehearing Denied Nov. 17, 1977. Opinion JAMES M. CARTER, Circuit Judge: This is a copyright infringement action. Plaintiffs Sid and Marty Krofft Television Productions, Inc., and Sid and Marty Krofft Productions, Inc. were awarded $50,000.00 in their action against defendants McDonald’s Corporation and Needham, Harper & Steers, Inc. Defendants were found to have infringed plaintiffs’ “H. R. Pufnstuf” children’s television show by the production of their “McDonaldland” television commercials. *1161 Plaintiffs argue on appeal that the district court erred in awarding damages pursuant to 17 U.S.C. s 101(b). They contend that the court should have ordered an accounting of profits by defendants or, alternatively, should have awarded statutory “in lieu” damages. Defendants cross-appeal. They contend that their television commercials did not infringe upon plaintiffs’ television series as a matter of law. To find infringement, they suggest, would abridge their first amendment rights. They also refute plaintiffs’ contentions as to damages. We believe that the district court’s finding of infringement was not clearly erroneous, and see no merit to defendants’ first amendment claims, We find, however, that the district court was in error in awarding damages.
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