Remedies for Copyright Infringement in South FL


Copyright infringement in South FL is taken very seriously.  After all, individuals have often poured their time, efforts and money into projects before they can claim intellectual property rights over them.  If a person is found guilty of copyright infringement in South FL, there are a number of remedies that may be afforded to the victim of this infringement.

Injunction

A court can order an injunction, which is a mandate that requires the parties that are infringing to cease the infringement.

Receipt of Profits

A court can also order that the infringing parties destroy all illegal copies or other infringing products.  Instead, it can order that the infringing party turn over every copy.  It can also order the infringing party to provide the original owner of the property with all profits derived from the infringing activity.

Monetary Awards

There are primarily two types of monetary awards that are available to the original owner of the property if he or she prevails with the infringement lawsuit.  The owner decides which damages to pursue.  The first option is to seek damages for the actual damages realized by the infringement, plus any profits that the infringing party acquired through the infringement.  This option includes the profits that the original owner lost because of the infringement.  However, proving this number is often difficult.  However, an intellectual property attorney can use projected sales based on previous patterns to help establish this monetary figure.  Likewise, experts may need to be consulted in order for an accurate estimate to be determined.

The second option is to receive statutory damages, which are determined by law.  There is a minimum and a maximum amount under the federal copyright law.  However, this amount can be increased if the owner shows that the infringement was willfully committed