Opting for Statutory Damages in a Counterfeiting Case May Prevent Your Client From Receiving Attorneys' Fees

After successful prosecution of a counterfeiting case, a plaintiff may choose between trebled actual damages and statutory damages. The Ninth Circuit has interpreted the Lanham Act damages provision (15 U.S.C. § 1117) to preclude an award of attorneys' fees under Section 1117(b) when the plaintiff...

Electing Statutory Damages in a Counterfeiting Case May Bar an Award of Attorneys Fees in the Ninth Circuit

The Ninth Circuit's recent interpretation of the Lanham Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to receive statutory damages in a counterfeiting case instead of opting for actual damages, it may also be barred from recovering...

Compensatory Damages Issues in Patent Infringement Cases: A Handbook for Federal District Court Judges

Chief Judge Paul R. Michel of the United States Court of Appeals for the Federal Circuit asked the Patent Damages Handbook Committee Members to develop a handbook for trial courts to consult when deciding issues of compensatory damages in patent infringement cases. The goal was to create a handbook,...

James B. Astrachan on Russell Christoff v. Nestle USA, Inc. 47 Cal. 4th 468 (2009)

The purpose of the "single publication rule" is to control damages resulting from mass communications so that a repeated communication does not create new causes of action. While some occurrences of a single publication are rather straight forward, those in Christoff v. Nestle USA, Inc., 47...

Copyright Statutory Damages Not Available For Each Song In Music Album

In Bryant v. Media Right Prods. , 2010 U.S. App. LEXIS 8657 (2d Cir. N.Y. Apr. 27, 2010) , the Second Circuit affirmed that a copyright owner was entitled to only one award of statutory damages for its music album compilation even though the album's individual songs were registered independently...

Architecture firm allowed to use projected future profits in calculating copyright/design infringement award: Looney Ricks Kiss Architects, Inc. v. Bryan

Looney Ricks Kiss Architects, Inc. v. Bryan USDC W.D. Louisiana, December 7, 2010 Click here for a copy of the full decision . In copyright infringement action, court allows plaintiff to use defendants' projected future profits as a factor in its monetary award calculation under...