Earl Warren

“ The case was then remanded to the District Court for the Southern District of California which, after noting that the Court of Appeals had characterized respondents' infringing activities as deliberate, entered its own finding to that effect. In accord with prior rulings of certain courts of appeals [4] and district courts [5] that attorney's fees could be recovered if deliberate or willful infringement were established, the District Court awarded petitioners $60,000 after determining that such sum constituted reasonable attorney's fees for prosecution of this litigation. ”

“ In support of the American rule, it has been argued that since litigation is at best uncertain one should not be penalized for merely defending or prosecuting a lawsuit, and that the poor might be unjustly discouraged from instituting actions to vindicate their rights if the penalty for losing included the fees of their opponents' counsel. ”

“ Moreover, since, with the exception of the docket fee provided by 28 U.S.C. § 1923 (a) , [14] the statutory definition of the term 'costs' does not include attorney's fees, [15] acceptance of petitioners' argument would require u t o ascribe to Congress a purpose to vary the meaning of that term without either statutory language or legislative history to support the unusual construction. When a cause of action has been created by a statute which expressly provides the remedies for vindication of the cause, other remedies should not readily be implied. ”

“ R. H. Macy & Co., 153 F.Supp. 87 (D.C.N.D.Ga.1957) ; Williamson-Dickie Mfg. Co. v. Davis Mfg. Co., 149 F.Supp. 852 (D.C.E.D.Pa.1957) ; Francis H. Leggett & Co. v. Premier Packing Co., 140 F.Supp. 328 (D.C.Mass.1956) ”