Sentences with phrase «as statutory damages»

If your trademark has been copied or infringed, we will help you take the appropriate steps to impose a cease and desist order on anyone wrongfully using your mark, and to obtain compensation for lost revenues, as well as statutory damages.

The main reason to update the notice is that giving a copyright notice is one factor necessary to obtain special remedies such as statutory damages and attorneys fees, rather than merely compensatory economic damages.

Given these facts and statutory damage awards in other cases, this court concludes that $ 5,000 is reasonable and necessary as a statutory damage award in this case, and will have the requisite deterrent effect on the defendant.»

Not exact matches

With a registered copyright, you're entitled to claim not only actual damages, but statutory damages and attorneys» fees as well.

(B) at the election of the customer at any time before final judgment is rendered, statutory damages in a sum of not more than $ 5,000, as the court considers just.

As a general point, the statutory time limit for bringing a claim for damages for personal injuries is three years from the date of the incident.

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

Plaintiffs are seeking injunctive relief as well as restitution of their registration fees, compensatory, statutory and punitive damages.

Our policy is to immediately file DMCA complaints and federal copyright infringement lawsuits against any webmaster caught stealing content from Sex-Dating-Reviews.com and to press for statutory damages as high as $ 150,000 as set forth in Section 504 (c)(2) under 17 U.S.C. Section 101 et seq..

However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

Registration is required for you to file legal action for infringement, adds statutory damages and attorney's fees as potential remedies if your work was registered before the infringement (generally), and helps prove that your copyright is valid.

In the US, registering that copyright simply provides a few statutory rights when it comes to claiming damages — and it should only cost you $ 35 to apply for it online (as of March 2018).

If a debt collector violates the Fair Debt Collection Practices Act in any way, you might be entitled to recover actual damages and / or statutory damages up to $ 1,000, as well as court costs and attorney fees, and — most important of all — make them stop calling you.

Evidence such as collection letters, loan / lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and / or any other files related to consumer situations are all very ripe for violations of consumer laws that provide these «statutory damages» to consumers.

Though the German courts recently ruled not to enforce the US court's decision (on the grounds that it considered the minimum statutory damages awarded to be excessive and punitive), Bossland ended sales for almost all of its hacks at the end of last year; as of today, the only ones remaining are for non-Blizzard games, specifically Final Fantasy XIV and Path of Exile, though according to the group's latest newsletter, there's a PUBG one tucked on the forums too.

Brite had sued in a Texas county court, a court of limited jurisdiction that lacks authority to hear cases with a value in excess of $ 100,000, excluding interest, statutory or punitive damages and attorney fees, as alleged on the face of the petition.

There are statutory time limits to filing a civil claim for damages, and we recommend that you engage the services of a competent quadriplegia accident lawyer as soon as is reasonably possible after the accident.

Unaffected by the decision was the reported $ 8.8 million award for economic damages, such as medical costs and lost wages, which has no statutory limitation.

The states that are not a party to the list above do not have statutory damage caps in place as of 2016.

-- If a notice of copyright in the form and position specified by this section appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in the last sentence of section 504 (c)(2).

«Second, there are the numerous statutory limits on jury trials, such as workers» compensation, no - fault auto claims, state tort claims acts and the like, which remove the right to jury trial altogether or limit the damages that can be awarded,» he says.

We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated.

I think it is fair to say that with respect to pain and suffering, you have to value a leg amputation case in Maryland on damages as the statutory cap on damages plus Plaintiff's economic expenses.

225 Except as provided in the Statutory Accident Benefits Schedule, the insured under a contract shall be deemed not to include any person who sustains loss or damage while any automobile insured under the contract is being used or operated by an excluded driver.

Remedies include compensation for loss and expenses, «private fines» (statutory damages) really as a bonus for pursuing the action.

These are as follows: T -117-17 Blacklock's v. Attorney General of Canada re Health Canada for $ 90,100.55 + punitive damages of $ 25,000; T -132-17 Blacklock's v. Attorney General of Canada re Employment and Social Development Canada (EDSC) for Statutory Damages + punitive damages of $ 20,000; T -133-17 Blacklock's v. Attorney General of Canada re Transport Canada for $ 85,228.50 + punitive damages of $ 10,000; T -134-17 Blacklock's v. FINTRAC for $ 11,470 + punitive damages of $ 5damages of $ 25,000; T -132-17 Blacklock's v. Attorney General of Canada re Employment and Social Development Canada (EDSC) for Statutory Damages + punitive damages of $ 20,000; T -133-17 Blacklock's v. Attorney General of Canada re Transport Canada for $ 85,228.50 + punitive damages of $ 10,000; T -134-17 Blacklock's v. FINTRAC for $ 11,470 + punitive damages of $ 5Damages + punitive damages of $ 20,000; T -133-17 Blacklock's v. Attorney General of Canada re Transport Canada for $ 85,228.50 + punitive damages of $ 10,000; T -134-17 Blacklock's v. FINTRAC for $ 11,470 + punitive damages of $ 5damages of $ 20,000; T -133-17 Blacklock's v. Attorney General of Canada re Transport Canada for $ 85,228.50 + punitive damages of $ 10,000; T -134-17 Blacklock's v. FINTRAC for $ 11,470 + punitive damages of $ 5damages of $ 10,000; T -134-17 Blacklock's v. FINTRAC for $ 11,470 + punitive damages of $ 5damages of $ 5,000...

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

The Court further concluded that the employment income which Ms. Brake earned during her statutory notice entitlement period was not deductible as mitigation income, reasoning that statutory entitlements (termination and severance pay) are not damages and that employees are entitled to receipt of these statutory entitlements whether or not they secure new employment during the period they are intended to cover.

Copyright law's allocation of statutory damages proved harsh in this case, with the jury deciding to award $ 9,250 per song, when it could have gone as low as $ 750.

She sued for damages and ICBC defended as statutory third party.

Here, since this person's damages were in excess of the statutory minimum, the bulk of her damages then would be relinquished — an issue that most employment lawyers would spot as a matter of course.

The Judge stated at [41] «Nor do I think it is fair to draw the inference that the appellant made this calculation, namely «let's win in the Employment Tribunal, maintain before the Employment Tribunal that my claim for damages is surely unlimited as to time, pocket those damages calculated on that basis and then come back to the High Court in due course and see how far we get with the statutory appeal».

As this was below the statutory deductible it can be inferred that the Plaintiff did not recover any damages.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

«A number of state courts have expressed concern that without a statutory mandate that insurance companies lower their insurance premiums in response to tort reform, the savings resulting from reforms such as damages caps may simply increase insurance company profits.»

«We generally hold that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.»

As it currently stands, income earned after the end of the statutory entitlement period will be deducted in mitigation of damages.

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The TCPA, originally intended to provide «Joe Q citizen» with the ability to seek relief in small claims courts for violations of its prohibitions on certain calls (such as prerecorded calls and faxed advertising), has become a favorite of the plaintiffs» class action bar due to its generous statutory damages.

The technical community is following such cases with both interest and trepidation, as we expected suits against individuals to be rare, and limited to $ 100 to $ 5,000 statutory damages by the recently enacted Bill C - 11.

The FTCA is the «exclusive means by which a party may sue the United States for money damages... in tort» pursuant to 28 USC § 2679, but this is really something of an exaggeration as there are lots of constitutional and statutory grounds upon which the United States government can also be sued for money damages that naively appear tort - like, such as a reverse condemnation action under the 5th Amendment to the United States Constitution.

The increase in damages is to be the subject of extra statutory regulation and QOCS will be regulated by secondary legislation, but many are unclear as to exactly how these are to be affected and their final form.

While the Copyright Act was intended to permit statutory damages that are larger than the simple cost of the infringed works in order to make infringing a far less attractive alternative than legitimately purchasing the songs, surely damages that are more than one hundred times the cost of the works would serve as a sufficient deterrent...

Second, it has been argued that the statutory damage itself is unconstitutional, at least as applied to downloaders, because it is completely divorced from any actual harm suffered by the record labels.

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

Section 24 of the Insurance (Vehicle) Act creates a statutory remedy where injury, death or property damage occurs as a result of a hit and run accident.

Statutory damages are not to be regarded as penalties.

For example, NSW immediately deems all WOVs as statutory write - offs (except for solely hail - damaged vehicles), whether they are assessed as unsafe to repair or uneconomical to repair.

Given that statutory damages are as high as $ 150,000 per infringed work, compliance with the DMCA is a crucial risk management strategy for members.