In Bridgeport Music v. WB Music, the Sixth Circuit has pointed out that the "Fogerty factors" were never intended by the Supreme Court to be exclusive, and that the key to "Fogerty" was evenhandedness.
The Court held that even where none of those factors are present, the Court should routinely award attorneys fees to a prevailing defendant.
In Bridgeport the Court sustained an award of attorneys fees to the defendant even though specifically finding that the plaintiff's claim was "objectively reasonable".
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