(This is an archived case summary.)
Dragon Pacific International was a Taiwanese business which produced and distributed multi-game cartridges for the Nintendo game console. The games stored on the cartridges included both original works and copies of Nintendo games. Nintendo was successful in acquiring two default judgments against Sheng, the sole proprietor of Dragon Pacific, for infringement of a number of Nintendo's copyrights. It received damages for violations of both the US Copyright Act and the Lanham Act (i.e., US trade-mark law). Sheng appealed the judgments on the grounds that this damage award amounted to double recovery for one violation.
The court was clear that damages arose under both acts and since there was a violation of both acts the damage award was appropriate. The lower court's decision was upheld.
Nintendo of America, Inc. v. Dragon Pacific International
1994, US Ct. of Appeal, 9th Cir.
40 F. 3d 1007
Keywords: damages – copyright – trademark
SUMMARY BY: Adam Nott