Attorneys for Led Zeppelin have filed a motion requesting the plaintiffs pay their legal costs and fees as they continue to fight an appeal in the "Stairway To Heaven" copyright infringement lawsuit involving members Jimmy Page and Robert Plant.
A lawyer representing plaintiff Michael Skidmore filed an appeal to the verdict from last June, when a Los Angeles federal court jury cleared the duo of any wrongdoing in the creation of their 1971 signature song against a claim by Skidmore on behalf of the estate and Trust of Spirit guitarist Randy California (Wolfe) that the acoustic introduction to “Stairway” was lifted from the group’s 1968 instrumental, “Taurus.”
According to The Hollywood Reporter, Led Zeppelin attorney Peter Anderson filed a request in the United States Court of Appeals for the Ninth Circuit on June 2 seeking a reversal of U.S. District Court judge R. Gary Klausner's order last August denying music publisher Warner/Chappell's request for an award of $800,000 in fees and costs, finding that Skidmore's lawsuit was not frivolous or objectively unreasonable — despite litigation misconduct by his attorney Francis Malofiy.
"Defendants respectfully submit that the District Court’s Judgment and Amended Judgment should be affirmed and that the District Court’s Order denying Warner/Chappell’s motions for attorneys’ fees and additional costs should be reversed with instructions to grant those motions," writes Anderson. "In addition, and including because Skidmore continues to advance frivolous arguments and misstate the law ... defendants should recover their costs and attorneys’ fees on appeal."
Regarding Led Zeppelin’s victory in the 2016 trial, Anderson is arguing that "substantial evidence supports the jury's verdict and Skidmore's appeal has absolutely no merit."
The two-week trial last year saw Page, Plant and non-defendant John Paul Jones take the stand to deny exposure to “Taurus” while explaining the creation of “Stairway” at Headley Grange.
Music experts testified that both songs share a commonplace descending chromatic line that has existed for hundreds of years.
“Stairway To Heaven” appeared on the UK band’s 1971 album, “Led Zeppelin IV.”
One of the best-selling albums in music history, the project went on to sell more than 37 million copies worldwide, including 23 million in the US alone.
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