Sentences with phrase «used statutory damages»

Therefore, the courts in Thomas - Rasset and Tenenbaum appropriately used statutory damages to calculate plaintiffs» awards.

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In a release, representatives said Re: Create will focus on «engaging and informing lawmakers» on the importance of things like fair use, safe harbors, curbing statutory damages, and the need to counter «abusive» copyright enforcement practices.

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.

258.2 Sections 258.3 to 258.6 apply only in respect of a claim for loss or damage from bodily injury or death arising from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile in Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule.

(6) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for pecuniary loss, other than the damages for income loss or loss of earning capacity and the damages for expenses that have been incurred or will be incurred for health care, shall be reduced by all payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of pecuniary loss, other than income loss, loss of earning capacity and expenses for health care.

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.

Posted in c - 32, Copyright, copyright reform, Fair Dealing, Fair Use, Geist, Graduated Response, ISP exceptions, ISP Liability, Piracy, statutory damages, Three Strikes, TPMs, WIPO Treaties

This is an outrageous amount of money in the circumstances, and so Justice Conway used her judicial discretion, provided for in s. 38.1 (5), to lower the amount of the statutory damages award.

While the authors» focus is more on the use of statutory damages in non-commercial contexts, they offer some thoughtful — and critical — insights into the role of statutory damages within our copyright regime.

In pursuing CarGurus, Trader sought three main things: a declaration that CarGurus had infringed its copyright; statutory and punitive damages for infringement; and a permanent injunction preventing CarGurus from using Trader's photos.

The plaintiff must prove the damage results from action taken under a statutory authority and from the construction and not the use of the works.

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.

Freesumes shall not be liable for any direct, indirect, minor, major, exemplary or special damages, including but not limited to financial loss, low profits, loss of goodwill, data, credibility, peace of mind or other intangible losses that may arise due to your ability or inability to use the resume templates and other resources, content, information, forums, social media or services being offered on the website, irrespective of the fact that such liabilities occur due to any kinds of misrepresentation, tort, negligence of duty, breach of contract, or statutory responsibilities by Freesumes or otherwise, and the possibility of such liabilities was already conveyed to it.