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Copyright Punitive Damages

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
McDonnell Boehnen Hulbert & Berghoff LLP

The NO FAKES Act: Bipartisan Group of Senators Introduce Bill to Protect against Unauthorized Uses of Digital Replicas

After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more

McDermott Will & Emery

Message Received: Trade Secret Law Damages Available for Sales Outside US

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit affirmed, in a matter of first impression, a district court’s decision to apply trade secret law extraterritorially and award trade secret damages for foreign sales while also...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

Vondran Legal on

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Linda Liu & Partners

What's New on China's Punitive Damages in IP Litigation?

Linda Liu & Partners on

Punitive damages refer to the compensation determined by a court in excess of the actual loss of the right owner. In China, in infringement cases, the principle of compensatory damages has always been adopted, which is...more

Hogan Lovells

China: what you need to know about the amended Copyright Law

Hogan Lovells on

On 11 November 2020, China's National People's Congress adopted an amended version of the Copyright Law, which will take effect on 1 June 2021. This is the first comprehensive revision of the Copyright Law since 2001, and the...more

Smart & Biggar

Ontario Court finds room for fair dealing in documentary on The Room

Smart & Biggar on

Recently, in Wiseau Studio, LLC et al v Harper et al, 2020 ONSC 2504, the Ontario Superior Court of Justice dismissed an action for copyright infringement brought against the makers of a documentary that used clips from the...more

McDermott Will & Emery

Of Passion, Prejudice and Punitive Damages

McDermott Will & Emery on

Addressing an issue of damages, the US Court of Appeals for the Ninth Circuit vacated the district court’s grant of punitive damages in favor of the plaintiff, finding “passion and prejudice” mitigated finding of “malice”....more

Dorsey & Whitney LLP

The Supreme Court - June 24, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions on June 24, 2019: Iancu v. Brunetti, No. 18-302: Respondent Erik Brunetti founded a clothing line that uses as its trademark four letters that though spelled...more

Knobbe Martens

The Top Hits: Fashion Cases with a Big Impact

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Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

Smart & Biggar

Nintendo Awarded $12.7 Million for Circumvention of Technological Protection Measures in Precedent-Setting Case

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In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more

Foster Garvey PC

The Spotify Settlement With NMPA: What It Means for Music Publishers

Foster Garvey PC on

In March 2016, the popular music streaming service, Spotify, reached a settlement with the National Music Publishers Association (“NMPA”) to cover billions of unlicensed streams from member publishers dating back to the...more

Foley Hoag LLP - Trademark, Copyright &...

First Circuit Affirms $675,000 Award Against Joel Tenenbaum: Gore Test Does not Apply to Statutory Damages under Copyright Act

This week, the First Circuit affirmed a $675,0000 statutory damages award against college student Joel Tenenbaum for copyright infringement. The Court held that the damages award, based on Tenenbaum’s illegal downloading and...more

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