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 Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000302
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Word;
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FAQ
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that 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.
(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.
To obtain a preliminary injunction, the seeking party must generally show that they are likely to succeed on the merits of their case, that they will suffer irreparable harm without the injunction, that the balance of hardships favors them, and that the public interest supports the injunction.
Injunctions can offer relief where monetary compensation does not suffice or is not appropriate. For example, in the case of bankruptcy, it is more appropriate to ask debt collectors to halt their collection efforts than to request financial rewards.
(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...
Copyright infringement is usually addressed through civil lawsuits, but criminal penalties are sometimes imposed. Criminal penalties are available when infringement is "willful." If the court finds that the infringement was willful, the court can increase the statutory damages award to a sum of up to $150,000.
The lower limit for a statutory damages award is $750 per work in most cases. However, the award may be as low as $200 per work if the CCB finds that the infringer was not aware and had no reason to believe their acts were an infringement of copyright.