Intellectual Property Law

Statutory Damages Were Not Available for Series of Infringements Where Work Was Registered After 1st Infringement

The One Sentence Summary: Statutory damages for copyright infringement were not available where the first infringement in a series occurred before registration.

What They Were Fighting About: Defendant Poof had infringed hang tags on clothing, and default judgment was awarded against it, along with statutory damages and attorneys' fees.

Ninth Circuit Holdings:

• Statutory damages for copyright infringement were not available where the first infringement in a series occurred before registration.
• Attorneys' fees for willful infringement under Lanham Act were available where default was entered under complaint alleging willful infringement.

Full post as published by IP Law Observer on June 16, 2008 (boomark / email).