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 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 2019-2020). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. 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.