FREE Webinar
June 23, 2020 15:00 PM- 16:00 PM British Standard Time
Damages for Noneconomic Harm in
Intellectual Property Law
By Professor Thomas Cotter
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This talk offers a
comprehensive analysis of awards of “non-economic” damages for
reputational and emotional harm in intellectual property (IP) law. It
discusses, among other matters, the Second Circuit’s recent decision in
Castillo v. G&M Realty LP, affirming a $6.75 million award of
statutory damages for the infringement of artists’ moral rights in
graffiti art; the European Union’s Intellectual Property Rights
Enforcement Directive and its 2016 Liffers decision, which appear to
require member states to award, where warranted, non-economic (“moral
prejudice”) damages across the full range of IP cases; and some recent
arguments in favor of awarding damages for emotional harm in, even,
patent infringement actions. Courts should recognize reputational harm as
a potentially cognizable injury throughout all of the branches of IP
law, but damages for emotional harm should be limited to right of
publicity and moral rights matters.
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Professor Thomas F. Cotter
joined the University of Minnesota Law School faculty in 2006. From
1987-89, Professor Cotter clerked for the Honorable Lawrence W. Pierce,
United States Court of Appeals for the Second Circuit. He practiced law
at Cravath, Swaine & Moore in New York City from 1988-90, and at
Jenner & Block in Chicago from 1990-94. From 1994-2005, he taught
at the University of Florida College of Law, where he held a University
of Florida Research Foundation Professorship and directed the school’s
Intellectual Property Law Program.
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From 2005 to 2006, he was a
Professor of Law at Washington and Lee University School of Law. In
2007, he was named to a two-year Solly Robins Distinguished Research
Fellowship at the University of Minnesota Law School, and in 2008 was
named to the Briggs and Morgan Chair in Law (now Taft Stettinius &
Hollister).
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