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‘King Cake Baby’ Judge Says Copyright Profits Invoke Jury Right

June 3, 2021, 6:46 PM

The Seventh Amendment grants the right to a jury trial to determine actual copyright damages, a Louisiana federal court said in a lawsuit alleging a movie ripped off the NBA’s New Orleans Pelicans’ “King Cake Baby” mascot.

The U.S. Supreme Court has acknowledged that disgorgement of profits doesn’t neatly fit into the test for whether the Seventh Amendment applies, the U.S. District Court for the District of Louisiana said. Denying the right to a jury trial would leave an outcome “constitutionally suspect,” the court said.

The court added that the Supreme Court has said that profits aren’t “easily characterized as ...