Tag Archives: Willful

Finding of willful infringement still doesn't merit injunction under Herb Reed

A.C.T. Prods., Inc. v. W.S. Indus., Inc., No. 16-0476, 2017 WL 4708152 (C.D. Cal. Jul. 14, 2017)Herb Reed strikes again.  The jury found that defendant had engaged in willful trademark infringement and false advertising, but also that the four-year statute … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , | Leave a comment

A school board member seeking the removal of another member must demonstrate willful misconduct or neglect of duty of the part of the member

A school board member seeking the removal of another member must demonstrate willful misconduct or neglect of duty of the part of the member Matter of Powell and Elliott, Decisions of the Commissioner of Education, Decision 16,216 Willa Powell, a … Continue reading

Posted in Administrative law | Tagged , , , , , , , , , , , , | Leave a comment

Sony BMG v. Tenenbaum: Are File-Sharing Willful Infringers in Copyright Litigation Now a Judicially Protected Class?

I know the title sounds a bit provocative. But the opinion in Sony BMG v. Tenenbaum protects a willful music downloader in copyright infringement litigation based on a bizarre interpretation of the Digital Theft Deterrence Act of 1999. Here is … Continue reading

Posted in Copyright Law | Tagged , , , , , , , , , | Leave a comment

Sony BMG v. Tenenbaum: Are Willful Infringers In Copyright Litigation Now Judicially Protected?

On July 9, Judge Nancy Gertner in Sony BMG v. Tenenbaum did what no court has ever done before. The court held unconstitutional an award of statutory damages in copyright litigation even though the award was within the statutory range … Continue reading

Posted in Copyright Law | Tagged , , , , , , , | Leave a comment