Supreme Court of the United States
F. W. Woolworth Co. v. Contemporary Arts, Inc.
December 22, 1952344 U.S. 228
Summary
The Supreme Court affirmed the lower court’s award of $5,000 statutory damages despite the defendant’s proven profits, holding that the trial court’s discretion to impose statutory damages within the statutory limits is not barred by an admission of profit. Justice Black, in a partial concurrence/dissent, argued that only profits should be awarded.
Holding
- Whether, under 17 U.S.C. §101(b), a court may award statutory damages up to $5,000 notwithstanding that the infringer’s actual profits have been proven.. The Court held that the trial court may exercise its discretion to award statutory damages within the statutory limits even when the infringer’s profits are proven.
Docket 42