X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
In another Ninth Circuit case involving Microsoft Corporation, a district court ruled last fall that a software company is entitled to recover statutory damages under both the Copyright and Lanham Acts against those who sell and distribute counterfeit software, where the software maker suffers distinct injuries to different interests as a result of the infringement. Microsoft v. Evans, 2007 U.S. Dist. LEXIS 77088 (E.D. Cal. Oct. 17, 2007). This Eastern District of California decision reflects what may be a growing trend regarding the issue of awarding statutory damages under both copyright and trademark law for a single act that violates aspects of both statutes.

Copyright ActThe origin of U.S. copyright law is found in the United States Constitution. Article One, Section 8, clause 8, which delegates to Congress the power to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has passed and amended a number of copyright laws effectuating this Constitutional mandate, with the modern iteration being embodied primarily in the Copyright Act of 1976, 17 U.S.C. §101 et seq., and its subsequent amendments.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.