In the drafting of a complaint arising from a software dispute, the technical issues may get more attention than the fundamental question of recovering the maximum amount of damages. A typical software dispute will give rise to copyright-related damages. Illegal distribution of software may also lead to claims as to the unauthorized use of trademarks. The wrongful use of domain names in a distribution scheme might also result in claims under the Anti-Cybersquatting Protection Act (ACPA).
In the citing of different intellectual property statutes for different types of claims, the question remains as to whether the plaintiff may be barred to avoid an impermissible double recovery. The analysis of a double recovery may depend on whether the plaintiff is seeking actual or statutory damages and may also depend on the judicial circuit where the action is filed. Some circuits have defined related claims as double recoveries while others see permissible damages based on the legislative intent of the statutes at issue.
