Andreas v. Volkswagen of America, Inc.
United States Court of Appeals for the Eighth Circuit
336 F.3d 789 (2003)
In 1999, McKinney and Silver, Inc. (M & S) (defendant) produced a television commercial for Volkswagen of America, Inc. (Audi) (defendant) to introduce and promote the Audi TT coupe (TT). The commercial aired for several months. Believing the commercial to infringe on protected content from his copyrighted works, artist Brian Andreas (plaintiff) brought a copyright infringement action against M & S and Audi. A jury found for Andreas and awarded him $965,000 in damages. The award included $115,000 in actual damages, as well as $570,000 from Audi and $280,000 from M & S to account for profits earned as a result of the infringement. The $570,000 from Audi represented 10 percent of the profits from sales of the TT while the commercial aired. In support of his claim of profits, Andreas provided evidence that Audi beat sales expectations during the airing period and that the commercial was popular and produced high customer recall. The parties did not dispute the award of actual damages, but Audi and M & S filed a joint motion for judgment as a matter of law to vacate the additional awards. The district court granted Audi’s motion and vacated the award of $570,000, but denied M & S’s motion for remittitur and upheld the judgment of $280,000 against it. Andreas appealed the court’s grant of judgment as a matter of law for Audi, and M & S cross-appealed the rejection of its own motion.
Rule of Law
Holding and Reasoning (Hansen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.