Kaplus v. Phillips

How later courts describe this case

• setting forth the basic tenets of Illinois law regarding the construction of contracts
• "[T]he congressional purpose of uniformity and simplicity in trademark laws could be furthered only if attorneys' fees were recoverable under section 43(a)."
• attorneys’ fees recoverable in “exceptional cases” where section 43(a) of the Lanham Act is violated.
• "the grant or denial of either a motion for a new trial or a motion to amend the judgment must be reviewed on the basis of a determination of whether the district court abused its discretion."
• “Moreover, under federal law, actions for accounting have traditionally been considered equitable.” [citations omitted]
• registration by Copyright Office constitutes prima facie evidence of copyrightability
• registration by Copyright Office constitutes prima facie evidence of copy-rightability
• sales in excess of $5 million