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