Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23, 3 (2003)

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Cite as: 539 U. S. 23 (2003)

Opinion of the Court

Gregory G. Garre argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Anthony J. Steinmeyer, and Mark S. Davies.

Dale M. Cendali argued the cause for respondents. With her on the briefs were Walter E. Dellinger, Pamela A. Harris, Jonathan D. Hacker, Jeremy Maltby, Pammela Quinn, and Gary D. Roberts.*

Justice Scalia delivered the opinion of the Court.

In this case, we are asked to decide whether 43(a) of the Lanham Act, 15 U. S. C. 1125(a), prevents the unaccredited copying of a work, and if so, whether a court may double a profit award under 1117(a), in order to deter future infringing conduct.


In 1948, three and a half years after the German surrender at Reims, General Dwight D. Eisenhower completed Crusade in Europe, his written account of the allied campaign in Europe during World War II. Doubleday published the book, registered it with the Copyright Office in 1948, and granted exclusive television rights to an affiliate of respondent Twentieth Century Fox Film Corporation (Fox). Fox, in turn, arranged for Time, Inc., to produce a television series, also

*Briefs of amici curiae urging reversal were filed for the International Trademark Association by Bruce R. Ewing; and for Malla Pollack et al. by Ms. Pollack, pro se.

Briefs of amici curiae urging affirmance were filed for the Association for Competitive Technology et al. by Paul Bender and Michael R. Klipper; and for the Directors Guild of America et al. by Richard P. Bress.

Briefs of amici curiae were filed for the American Intellectual Property Law Association by William G. Barber, Louis T. Pirkey, and Ronald E. Myrick; for the American Library Association et al. by Jonathan Band and Peter Jaszi; and for Intellectual Property Law Professors by Tyler T. Ochoa.


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