Appellate Court Affirms Trial Court’s Award
Shareholder Aaron McClellan and senior associate James F. Monagle prevailed before the Ninth Circuit Court of Appeal in Greene v. Julien’s Auction House. The decision affirmed a jury verdict in favor of our client, Barclay Butera, a high-end furnishings designer and retailer. The underlying case was tried by shareholders Tim Halloran and Aaron McClellan. Barclay Butera was co-defendant in a claim where Marilyn Monroe photographs taken by Milton Greene had allegedly been used without permission in conjunction with the sale of Monroe’s memorabilia in an auction held by Julien’s Auction House, which took place at a Barclay Butera showroom. The jury found that, despite Barclay Butera having infringed the copyright in one of the Monroe photographs, the plaintiff suffered no damages, and was entitled to recover nothing from Barclay Butera. Furthermore, the Appellate Court affirmed the trial court’s award of over $220,000 in attorney’s fees in favor of our client.