This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Injunctive Relief For Copyright Infringement In Bexar
Category:
State:
Multi-State
County:
Bexar
Control #:
US-000302
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Generally speaking, the copyright holder starts with a cease and desist letter sent to the infringer. They may request monetary damages, an explicit provision of credit to the copyright holder, removal of the infringing work, or other remedies.
Generally, injunctive relief is only available when there is no other adequate remedy available and irreparable harm will result if the relief is not granted.
Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.
In many patent suits, patent holders seek injunctive relief to prevent an accused infringer from continuingto practice the patented invention. Whether an injunction can be granted depends on various considerations a judge may weigh under her equitable powers.
Example: Cease and Desist A cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.
Monetary Damages A successful plaintiff in a copyright infringement action is entitled to one of two basic kinds of monetary remedies: (1) actual damages or (2) statutory damages.
Defenses to Copyright Infringement Claims Fair use doctrine. Proof the work was independently created and not copied. Innocence (proving there was no reason to believe the work was copyrighted) The use is with a license agreement in place (this can shift liability to the licensor)
These courts consider: (1) the likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) whether a balancing of the relevant equities favors the injunction; and (4) whether the issuance of the injunction is in the public interest.
One remedy is injunctive relief, which restrains the defendant from future copying of the work. A preliminary injunction can be sought early in the case to restrain copying during the lawsuit.
Injunctive relief, also known as an “injunction,” is a legal remedy that may be sought from the courts to require a defendant to stop doing something (or requiring them to do something).
More info
Remedies for infringement: Injunctions. In this Article, we proposed a new liability regime for copyright infringements predicated on the degree of blameworthiness of the infringer.Civil remedies for copyright infringement include injunctive relief. Once copyright infringement is found, a court has the discretion to issue a permanent injunction to "prevent or restrain infringement of a copyright. Of Counsel: Grant B. Martinez.