Maxwood Music Limited v. Malakian et al, No. 1:2008cv01730 - Document 45 (S.D.N.Y. 2010)
Court Description: OPINION: Defendants Daron Malakian, d/b/a Malakian Publishing, and Serj Tankian, d/b/a Shattered Mirrors Publishing, have moved for attorneys' fees and costs, pursuant to 17 USC § 505, following the May 18, 2010 dismissal of allclaims of Pl aintiff Maxwood Music Limited. For reasons further set forth in said Order, Defendants' motion is denied for attorneys' fees and granted for costs. Defendants are entitled to reasonable costs but not attorneys' fees. (Signed by Judge Robert W. Sweet on 6/30/10) (db)
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Maxwood Music Limited v. Malakian et al Doc. 45 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MAXWOOD MUSIC LIMITED, Plaintiff, 08 Civ. 1730 OPINION DARON MALAKIAN, individually and doing business as MALAKIAN PUBLISHING, and SERJ TANKIAN, individually and doing business as SHATTERED MIRRORS PUBLISHING, Defendants. A P P E A R A N C E S : ELECTRONICALLY FILED DATE FILED: Attorneys for Plaintiff SONNENSCHEIN NATH & ROSENTHAL LLP 1221 Avenue of the Americas New York, NY 10020 By: David R. Baum, Esq. Nicholas J. Tardif, Esq. Attorneys for Defendants PRYOR CASHMAN LLP 7 Times Square New York, NY 10036 By: Donald S. Zakarin, Esq. Ilene S. Farkas, Esq. M. Mona Simonian, Esq. Dockets.Justia.com Sweet, D.J. Defendants Daron Malakian ("Malakian"), d/b/a Malakian Publishing, and Serj Tankian ("Tankian") , d/b/a Shattered Mirrors Publishing (together, the "Defendants"), have moved for attorneys' fees and costs, pursuant to 17 U.S.C. 5 505, following the May 18, 2010 dismissal of all claims of Plaintiff Maxwood Music Limited ("Maxwood" or the "Plaintiff"). For the reasons set forth below, Defendants' motion is denied for attorneys' fees and granted for costs. Prior Proceedings This action was commenced by Maxwood on February 21, 2008. The trial and submission of evidence was completed on December 8, 2009 and final argument was held on February 4, 2010. In an Opinion dated May 18, 2010 (the "May 18 Opinion"), Maxwood's claims were dismissed and Defendants were declared the sole authors of the song "B.Y.O.B." as commercially released by System of a Down. Maxwood Music Ltd. v. Malakian, -- F. Supp. 2d --, 2010 WL 2010936
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