Statutory Damages for Each Segment of an Infringed Creation
In Arrabon [HK] Limited v. Batimo Ltd. the Haifa District Court awarded the plaintiffs with statutory damages for each segment of a board game infringed by the defendants.
After ruling that the plaintiffs are the copyright owners in the board game “Mind Sparkler”, honorable Judge Ginat, presiding over the case, ruled that the game made and distributed by the defendants infringes upon plaintiffs’ rights. In reaching that conclusion, Judge Ginat noted that the defendants copied the play cards, the electric circuit used in the game, and the game’s packaging.
Although Judge Ginat declined the plaintiffs’ motion to award statutory damages for each of the dozens of play cards copied, he did, in a precedent ruling, award statutory damages for each copied segment (the cards as a segment, the electric circuit and the game packaging) in each of the games in question, and in total an award of seven times the maximum statutory damages.
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