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Full-Text Articles in Law
Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall
Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall
Kimberlee G Weatherall
The Profits Of Infringement: Richard Posner V. Learned Hand, Stephen E. Margolis
The Profits Of Infringement: Richard Posner V. Learned Hand, Stephen E. Margolis
STEPHEN MARGOLIS
Abstract A circuit split regarding the calculation of profits in copyright and trademark infringement cases can yield order of magnitude differences in the resulting awards. Owners of infringed trademarks and copyrights can be awarded the profits that result from the infringement. The statutes are silent on the definition of profits and the Courts of Appeals split on how profits are computed. All courts start with revenues and allow the defendant to deduct variable costs, but courts differ in the treatment of fixed costs. In the Second Circuit, a 1939 decision written by Judge Learned Hand establishes a rule that allows …