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· 11/16/1994

Nintendo of America, Inc. v. Dragon Pacific International George Sheng

Citations

  • 40 F.3d 1007
  • 94 Cal. Daily Op. Serv. 8690
  • 32 U.S.P.Q. 2d (BNA) 1827
  • 94 Daily Journal DAR 16113
  • 1994 U.S. App. LEXIS 31981
  • 1994 WL 646470

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the district court did not abuse its discretion in refusing to apportion trademark damages where the defendant’s suggested methods of apportionment were inadequate
  • stating that courts have wide discretion in awarding statutory damages under an analogous provision of the Copyright Act
  • stating that a defendant commits two wrongs when his act violates both the Copyright Act and the Lanham Act and that damages may be awarded under both statutes in order to effectuate the purposes of both
  • affirming an award of disgorgement of the defendant’s ill-gotten profits under the Lanham Act and statutory damages under the Copyright Act
  • discussing “punitive and deterrent purposes” of statutory damages for willful infringement and noting that “statutory damages may serve completely different purposes than actual damages”
  • affirming the district court’s decision to treble damages where the court specifically found that defendant willfully infringed plaintiff’s trademarks

Source: CourtListener parenthetical corpus (CC0).

Judges: Goodwin, O'Scannlain, Kleinfeld

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.