Are statutory damages compensatory?

To receive statutory damages, plaintiffs don’t have to prove they lost a certain amount. In addition, statutory damages differ from compensatory or actual damages, which aim to reimburse one party for a breach or a violation of the law. To receive actual damages, the plaintiff must give proof of lost revenue.

What are statutory damages law?

Statutory damages are a type of damages awarded in a successful claim to compensate for an injury or loss, whose amount is pre-established by statute. Statutory damages are commonly used in areas of the law in which it might be complex to establish the degree of harm or loss caused to the plaintiff.

How are statutory damages determined?

The amount of money awarded to the claimant in civil litigation to compensate for an injury or loss, based on an amount set by law instead of an amount determined by calculating the harm suffered by the claimant. Where statutory damages provisions apply, plaintiffs do not have to prove actual injury.

How are copyright damages calculated?

Caselaw shows that a copyright owner’s actual damages may be calculated by showing lost profits or imputing a hypothetical copyright license fee to assess the market value of the copyright. Also, plaintiff’s may recover for various indirect damages as a result of the infringement. Lost Profits.

What is the difference between actual damages and statutory damages awarded for copyright infringement?

statutory damages, as provided by subsection (c). The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.

Can you go to jail for copyright infringement?

It’s certainly possible to go to jail for violating copyright law, as long as the violation is willful and involves specific kinds or amounts of infringement.

Can a defendant be sued under the Lanham Act?

The litigants in a Lanham Act case must be careful not to assume too much with respect to the legal issues related to recovery of defendant’s profits versus plaintiff’s damages. Not all uses of a mark constitutes commercial advertising such as in the WMS Gaming or other leading cases dealing with the option of pursuing defendant’s profits.

What do you need to know about the Lanham Act?

Section 43(a) the Lanham Act provides for liability related to unregistered marks. Section 43(a) provides for civil liability for any person who, IN connection with any goods or service uses in commerce any word, term, name, symbol or any combination thereof, or any false designation origin,…

What was the Seventh Circuit’s decision on the Lanham Act?

The Seventh Circuit Court of Appeal issued a decision in late 2008 which addressed the issues of legal standards for damages under the Lanham Act. WMS Gaming, Inc. v. WPC Productions, Ltd. Plaintiff and defendant were both engaged in internet gaming on an international basis.

What are statutory damages for a domain name?

Plaintiffs are entitled to statutory damages between $1,000 and $100,000 from any person who “registers, traffics in, or uses a domain name” that is identical or confusingly similar to a distinctive mark, or that is dilutive of a famous mark, and who “has a bad faith intent to profit from that mark” under 15 U.S.C. § 1117 (d).