Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · U.S. Code · Title 17 - COPYRIGHTS · CHAPTER 13— PROTECTION OF ORIGINAL DESIGNS · § 1323

§ 1323. Recovery for infringement

269 words·~1 min read·/usc/title-17/section-1323

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Damages.— Upon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for the infringement. In addition, the court may increase the damages to such amount, not exceeding $50,000 or $1 per copy, whichever is greater, as the court determines to be just. The damages awarded shall constitute compensation and not a penalty. The court may receive expert testimony as an aid to the determination of damages.
(b)Infringer’s Profits.— As an alternative to the remedies provided in subsection (a), the court may award the claimant the infringer’s profits resulting from the sale of the copies if the court finds that the infringer’s sales are reasonably related to the use of the claimant’s design. In such a case, the claimant shall be required to prove only the amount of the infringer’s sales and the infringer shall be required to prove its expenses against such sales.
(c)Statute of Limitations.— No recovery under subsection
(a)or
(b)shall be had for any infringement committed more than 3 years before the date on which the complaint is filed.
(d)Attorney’s Fees.— In an action for infringement under this chapter, the court may award reasonable attorney’s fees to the prevailing party.
(e)Disposition of Infringing and Other Articles.— The court may order that all infringing articles, and any plates, molds, patterns, models, or other means specifically adapted for making the articles, be delivered up for destruction or other disposition as the court may direct.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2914.)
Connections2 off-index
2 references not yet in our index
  • Pub. L. 105–304, title V, § 502
  • 112 Stat. 2914
Citation graph
cites case law
§ 1323
Recovery for infringement
Pub. L.Pub. L. 105–304, title V, § 502
Stat.112 Stat. 2914
Cites 2Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.