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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 Act
The 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.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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