Twice the Remedy? Dual Recovery in Copyright and Trademark Law

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. <i>Microsoft v. Evans</i>. 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.

26 minute readJune 27, 2008 at 11:17 AM
By
Mary Mathew
R. Michael Cestaro
Twice the Remedy? Dual Recovery in Copyright and Trademark Law

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

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