Rebecca, what's the provision where you can get statutory damages for false claims of infringement? It would seem a useful tool for situations like this but I've never encountered it before, or perhaps I have and it is eluding me.
A prevailing defendant can get fees under Fogerty v. Fantasy--sadly, there's no independent cause of action, so one would have to be able to bring a successful declaratory judgment.
Rebecca, what's the provision where you can get statutory damages for false claims of infringement? It would seem a useful tool for situations like this but I've never encountered it before, or perhaps I have and it is eluding me.
ReplyDeleteA prevailing defendant can get fees under Fogerty v. Fantasy--sadly, there's no independent cause of action, so one would have to be able to bring a successful declaratory judgment.
ReplyDelete