VMG Salsoul v. Ciccone et al., No. 12-5967 (C.D. Cal. Sep. 23, 2016).
On remand from the 9th Circuit, and in light of the recent Supreme Court decision in Kirstaeng holding that objective unreasonableness is not the controlling factor in awarding attorney's fees, the district court in the Madonna "Vogue" horn-riff case held that Madonna was not entitled to attorney's fees under the Copyright Act even though she successfully defeated the infringement claim. Finding it an "extremely close case," the Court found that under the totality of the circumstances an award of fees would not best serve the purposes of the Copyright Act. Although certain factors favored the prevailing defendants, the Court found that the plaintiff's claims were not frivolous or objectively unreasonable.