Legal Question in Entertainment Law in Pennsylvania
federal suit (Copyright infringment)
If my attorney file an infringement suit against someone and they were served but did not respond in the alotted time or altogether. What is the possibilty of the courts awarding damages because of his non response?
2 Answers from Attorneys
Re: federal suit (Copyright infringment)
You could get a default judgment if they were properly served and don't respond. But you would still have to prove your damages and costs.
Re: federal suit (Copyright infringment)
Defaults are disfavored, as the goal is to resolve disputes on the merits. However, if someone doesn't answer, and you follow through you can get a default.
Without opposition it's alot easier to prove your damages, and in copyright, after you show the revenue an infringer made, they must prove any deduction for costs. So if they are not there, you may be awarded their revenue. It depends on the Judge of course.
Also you may get atorneys fees if you registered in time.
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