What happens when you in 2005 for infringements that you didn't know about running from 1992 through 2004? Usually, the three-year statute of limitations of the Copyright Act will preclude you from a remedy. 17 USC 507(b). But what if the infringements were secret and concealed from you as a trade secret?
I wrote about the Graham v Haughey case here . End result, infringer whacked for 20 million clams.
But do you get prejudgment interest? Another $4.2 million smackers, the May 12 decision below. The $20 million judgment below that.
Graham v Haughey - Prejudgment Interest Granted on Old "Secret" Infringements
Sunday, May 16, 2010
Graham v. Haughey: Prejudgment Interest Granted on Old "Secret" Infringements
Labels: 17 usc 507, copyright, Copyright Act, copyright law, prejudgment interest, statute of limitations
Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.