Labels:book | daily | reckoner | sky | tree OCR: determining whether a prevailing defendant is etitled to such an award. 627 he put it (ibia.} The purpose PEME counsel fees to plaintiff is to deeer copyright infringement. the rase prevailing defendant. howeve prevention of infringement is obviously not factor; and an award be made represents penalty imposed upon the plaintiff for institution baseless, frivolous. or unreasonable suit, or one institted in bad faith The remaining district court cases, while not articulating dual standard such, nonetheless awarded fees prevailing defendants only if the losing plaintiff was shawn to have acted unreasonably. See, Schroeder William MOLIOW Supp. 372 378 1976) Hecause (plaintiff action has. ir our opinion been prosecuted 11 good faith and with reasonable likelihood of success defendants will not ...