 | Herbert Allen Howell - Copyright - 1942 - 300 pages
...proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement and in proving profits the plaintiff shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits such damages as to... | |
 | Herbert Allen Howell - Copyright - 1942 - 300 pages
...copyright. Subsection (a) is merely declaratory of existing law. The provision in subsection (b) that in proving profits the plaintiff shall be required to prove sales only, etc., is taken from the existing law relating to trademarks. The provision that the copyright proprietor... | |
 | United States. Supreme Court - Law reports, digests, etc - 1953 - 890 pages
...to prove every element of cost which he 1 193 F. 2d 162. 2 343 US 963. Opinion of the Court. 344 US claims, or in lieu of actual damages and profits,...just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated . . . and such damages shall in no other case... | |
 | United States. Supreme Court - Law reports, digests, etc - 1920 - 1224 pages
...Daly, 175 US 148, 44 L. ed. 109, 20 Sup. Ct. Rep. 62. Plaintiff elected to pursue the remedy at law for "such damages as to the court shall appear to be just," and is entitled to at least the minimum. Huebsch v. Arthur H. Crist Co. 209 Fed. 885; SE Hendricks Co.... | |
 | Library of Congress. Copyright Office - Copyright - 1961 - 368 pages
...infringement, as well as all the profits which the infringer shall have made from such irfringement, and in proving profits the plaintiff shall be required...just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in case of a newspaper reproduction of... | |
 | United States. Congress. House. Committee on the Judiciary - Civil procedure - 1962 - 114 pages
...infringement, as well as all the profits which the infringer shall have made from such infringement. * * * or in lieu of actual damages and profits, such damages...appear to be just : and in assessing such damages the co-Tt may, in its discretion, allow the amounts as hereinafter stated * * *." It is then slated that... | |
 | United States. Congress. House. Committee on the Judiciary - 1962 - 108 pages
...infringement, as well as all the profits which the infringer shall have made from such infringement, * * * or in lieu of actual damages and profits, such damages...appear to be just ; and in assessing such damages the cir -rt may, in its discretion, allow the amounts as hereinafter stated * * *." It is thpn stated that... | |
 | United States - 1414 pages
...rentals, license fees and/or any other revenue derived from any disposition of an infringing work, and the defendant shall be required to prove every element of cost which he claims; (o) To pay, at the option of the owner of the right infringed, in lieu of actual damages and profits,... | |
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To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement, and in proving profits the plaintiff shall be... 
