What does statutory damages mean in law?

What does statutory damages mean in law?

About a dozen federal statutes offer statutory damages to successful plaintiffs. As the name suggests, “statutory damages” are damages whose amount (or range) is set by law, usually without regard to the actual harm suffered by a plaintiff.

What are statutory damages for trademark infringement?

Courts have a wide range of discretion in setting statutory damages. A court may award $500 to $100,000 per counterfeit mark per type of goods or services. If the infringement is wilful the range ratchets up to $1 million. The full range of statutory damages has already been used.

Are statutory damages compensatory?

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. The amount a plaintiff receives in statutory damages can be larger than the real financial loss.

Are punitive damages statutory damages?

Punitive damages are a settled principle of common law in the United States. In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based on case law.

How are statutory damages determined?

Thus, statutory damages are often calculated as a multiple of the price for the use of the property, if the infringer had requested and paid for permission. Other statutes may set a fixed amount for each day the violation occurred, for each violation, work, article, or type of good.

What is the difference between actual and statutory damages?

Statutory damages are usually between $750 and $30,000 per work, as determined by the court. Actual damages include profit that the copyright owner lost as a result of the infringement (for example, a license fee) as well as any additional profits the infringer received as a result of the infringement.

What is Lanham Act false advertising?

To prevail on a false-advertising claim under the Lanham Act, a plaintiff must satisfy the following elements: (1) a false or misleading statement of fact; that is (2) used in a commercial advertisement or promotion; that (3) deceives or is likely to deceive in a material way; (4) in interstate commerce; and (5) has …

How are statutory damages calculated?

Thus, statutory damages are often calculated as a multiple of the price for the use of the property, if the infringer had requested and paid for permission. In the United States, statutory damages are set at a minimum of $750 per work, to a maximum of $150,000.

What are statutory claims?

Statutory Claims means: any claim for or relating to unfair dismissal, a statutory redundancy payment, equal pay, sex, race disability, or sexual orientation discrimination, or discrimination on the grounds of religion or belief, working time, unauthorized deduction from wages, unlawful detriment on health and safety …

What is Section 43 of the Lanham Act?

↑ The text of Section 43(a) of the Lanham Act[1] provides that: (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of …

What is Lanham Act?

The Lanham Act is a federal trademark law passed by President Harry S. Truman in July 1946. It governs and regulates the use of commercial trademarks and service marks and defines trademark infringement prohibitions and penalties.

What is the Lanham Act about?

The Lanham Act is United States federal law that deals with trademarks, service marks and unfair business practices. It was passed in 1946 and is also known as the Trademark Act of 1946. The law regulates the registration and use of trademarks throughout the United States.

What was the purpose of the Lanham Trademark Act?

A federal statute regulating how trademarks are used in commercial activities. The purpose of the Lanham Act is to ensure trademarks are exclusive to their users as well as reduce consumer confusion when identifying well known goods or services.

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