![]() ![]() The Court also determined that PIL's profits were $52,108, but declined to award this sum in addition to statutory damages or a reasonable royalty. The Court enjoined further copyright or trademark violations, and awarded TPP the following damages: (1) against PIL, either statutory damages of $120,000 or actual damages (based on a reasonable royalty) of $125,000, at TPP's option (2) against Penguin, $26,584, constituting Penguin's profits (3) against Knickelbine, $3,000, constituting his profits and (4) against PIL, $130,324.25 in attorney's fees, constituting TPP's fees in both the Illinois and New York actions. ![]() ![]() Following this hearing, the District Court determined that PIL had willfully infringed TPP's copyrights. The parties then agreed to submit the damages issues on papers, but PIL subsequently requested an evidentiary hearing limited to the issue of willfulness. The Court rejected fair use and First Amendment defenses asserted by PIL. The District Court found for TPP on the copyright, trademark, and unfair competition claims, and for PIL on the trademark dilution claim. The parties cross-moved for summary judgment on liability, stipulating that there were no disputed issues of fact. ![]() TPP then filed the instant action in the Southern District of New York, alleging copyright infringement, trademark infringement, unfair competition, and trademark dilution. ![]()
0 Comments
Leave a Reply. |