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(Message started by: Larry Rinker on Dec 21st, 2007, 6:54pm)

Title: Damages
Post by Larry Rinker on Dec 21st, 2007, 6:54pm
My copyright has been infringed.  It has been manufactured and sold to retailers who then sold it.  Can I get damages from EVERYONE who sold and had notice, and did so anyway?

Where is this information?

Title: Re: Damages
Post by TataBoxInhibitor on Jan 3rd, 2008, 8:26am
Yes.  You can get damages from all who sold it.   I do not have a cite handy, maybe someone else here does.

You should read up on damages.  Basically, you are able to get actual damages and infringers  profits attributable to the infringement, ONLY to the extent they do not overlap with Plaintiff's actual damages.   So it is basically, the larger of the two.

I think the applicable statute is 17 USC 504(b).

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