Cite: Waits v. Frito Lay, 978 F. 2d 1093 (9th Cir. 1992 ... - Mark Roesler
Cite: Waits v. Frito Lay, 978 F. 2d 1093 (9th Cir. 1992 ... - Mark Roesler
Cite: Waits v. Frito Lay, 978 F. 2d 1093 (9th Cir. 1992 ... - Mark Roesler
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<strong>978</strong> F.<strong>2d</strong> <strong>1093</strong><br />
<strong>1992</strong> Copr.L.Dec. P 26,950<br />
(<strong>Cite</strong> as: <strong>978</strong> F.<strong>2d</strong> <strong>1093</strong>)<br />
<strong>Waits</strong>' voice misappropriation claim and his Lanham<br />
Act claim are legally sufficient. The court did not<br />
err in instructing the jury on elements of voice<br />
misappropriation. The jury's verdict on each claim is<br />
supported by substantial evidence, as are its damage<br />
awards. Its award of damages on <strong>Waits</strong>' Lanham Act<br />
claim, however, is duplicative of damages awarded<br />
for voice misappropriation; accordingly we vacate it.<br />
Finally, the court did not abuse its discretion in<br />
awarding attorneys' fees under the Lanham Act.<br />
<strong>Waits</strong> is awarded his costs on appeal.<br />
AFFIRMED in part and VACATED in part.
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