Posts Tagged: statutory damages


The Case Act: Good Intentions but Bad Policy

On October 22, the U.S. House of Representatives passed, by a vote of 410-6, the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”). The Act proposes …
By Mitchell Stein
15 days ago 1

Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss …
By Steve Brachmann
1 year ago 1

Burberry Sues Target Over Sale of Fashion Products Using Burberry Check Design

British luxury fashion brand Burberry filed a complaint alleging trademark infringement and dilution against American retailer Target Corporation in the Southern District of New York. At issue …
By Steve Brachmann
2 years ago 0

Pepe the Frog Creator Files Copyright Suit Against Infowars over Use of Pepe Likeness on Donald Trump Poster

Artist Matt Furie, the creator of the Pepe the Frog anthropomorphic frog character that has gained notoriety for its use in Internet memes, filed a complaint for …
By Steve Brachmann
2 years ago 0

Lex Machina’s 2017 Trademark Litigation Report Shows High Percentage of Overall Damages Awarded on Default Judgment

Looking at the types of damages being awarded in trademark cases and how they’re being awarded, it’s highly likely that most damages awarded in these …
By Steve Brachmann
2 years ago 0

Tiffany & Co. Successfully Asserts Trademark Infringement Claims Against Costco

On October 5, 2016, a jury in Tiffany and Co. v. Costco Wholesale Corp. – litigated before Judge Swain of the Southern District Court of New York – awarded Tiffany & Co. (…
By Matt Scyoc
3 years ago 0

8th Cir. decision upholds injunction against merchandiser using famous Warner Bros. images

On November 1st, the U.S. Court of Appeals for the Eighth Circuit (8th Cir.) issued a decision in a case brought by motion picture entertainment company …
By Steve Brachmann
3 years ago 0

An Exclusive Interview with USPTO Director Michelle Lee

There were no topics ruled out of bounds for this 30 minute interview, not even the Supreme Court's recent decision to accept cert. in Cuozzo, although as an …
By Gene Quinn
4 years ago 5

Commerce Recommends Amendments to Copyright Act Statutory Damages Provisions

Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes, First Sale, and Statutory Damages, which recommends amendments to U.S. …
By Gene Quinn
4 years ago 0