Tabberone is pronounced tab ber won |
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Amount of damages |
Baloney. It is the responsibility of the rights owner to prove damages. An alleged infringer gets to deduct all costs from income in determining
profit. Something that James D. Aronowitz, Associate General Counsel for CLC, did not mention that fact.
First the rights owner must get an infringement ruling. Courts rarely will award damages and rarely will award attorney fees but they will award profits. On that basis, it is not profitable for a rights owner to go after small, unwillful infringers. Just filing an infringement complaint will run some $5,000 and the costs spiral rapidly upward from there. Corporate lawyers are very expensive pets to have around. |