The plaintiff by its counsel abandoned any claim to damages, but seeks profits as defined and regulated by the copyright statute. The Court, by its Interlocutory Judgment, ordered the Special Master to determine both damages and profits. The plaintiff has moved for confirmation of the report, subject to two objections, and for final judgment. The action is presently before the Court on cross-motions for review of the Special Master's report and the objections thereto.ĭefendant Lithograph has filed seventeen objections, and defendants Catalda Company and Catalda individually have filed forty-nine objections to the report. The Special Master determined that plaintiff was entitled to an award for its counsel fees of $7,500.00, and found in addition, in accord with the Court's decree, that the reasonable value of plaintiff's counsel fees for the services in connection with depositions abroad should be set at $1,500.00. (hereinafter called Catalda Company) and $1,268.20 profits against defendant Michael F.
The report of the Special Master, filed October 20, 1948, awarded $2,199.77 profits against United States Printing & Lithograph Company (hereinafter called Lithograph) $8,955.53 profits against Catalda Fine Arts, Inc. Thereafter hearings were held before the Special Master from Apthrough May 4, 1948. The Order of Reference charged the Special Master to "take evidence and compute and pass upon an accounting of defendants' profits and plaintiff's damages, and the plaintiff's attorneys' fees to the extent heretofore directed * * *", reporting separately also the reasonable value of the services of plaintiff's counsel in certain discovery proceedings abroad. The Interlocutory judgment further ordered that the defendants be taxed with the allowance of the Special Master, the cost of the reference, and costs and disbursements of the suit, but decreed that defendant United States Printing & Lithograph Company should recover on its cross-claim against defendant Catalda Fine Arts, Inc., any portion of the plaintiff's recovery paid by it. From further infringement and from further sale or disposal of any or all of the infringing photolithographs in their possession or under their control and decreed that the plaintiff recover from the defendants jointly as joint tort-feasors, damages, profits, and attorneys' fees to the plaintiff for the services of their attorneys except so much of said services as were rendered upon certain discovery proceedings
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