Tabberone is pronounced tab ber won not tay ber own

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F. W. Woolworth Co. v. Contemporary Art, 344 U.S. 228 (1952) PLAINTIFF : Unbeknown to Woolworth, these figurines had been copied from Contemporary Arts' and by marketing them Woolworth became an infringer. DEFENDANTS : Contemporary Arts owned copyright on works of small sculptures and figurines, one called "Cocker Spaniel in Show Position.". There was evidence that the cheaper infringing statuette was inferior in quality. Contemporary Arts proved loss of some customers. The lower court, having found infringement, accordingly allowed recovery of "statutory damages in the amount of Five Thousand Dollars ($5,000.) as provided by the Copyright Laws of the United States," with an injunction and attorney's fee. Showing a gross profit of $899, Woolworth appealed, claiming only liability for $899. "A rule of liability which merely takes away the profits from an infringement would offer little discouragement to infringers. It would fall short of an effective sanction for enforcement of the copyright policy. The statutory rule, formulated after long experience, not merely compels restitution of profit and reparation for injury but also is designed to discourage wrongful conduct. The discretion of the court is wide enough to permit a resort to statutory damages for such purposes. " Statutory damages upheld.