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F.W. Woolworth Co. v. Contemporary Arts, Inc.

344 U.S. 228 (1952)

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F.W. Woolworth Co. v. Contemporary Arts, Inc.

United States Supreme Court

344 U.S. 228 (1952)

Facts

Contemporary Arts, Inc. (plaintiff) made small sculptures and figurines, including small statues of cocker spaniels. Contemporary Arts sold the statues to gift and art shops. Another person saw the cocker spaniel statues and copied the design. F.W. Woolworth (defendant) saw the counterfeit goods and decided to purchase them. F.W. Woolworth then offered the statues for sale. As a result, F.W. Woolworth became liable for copyright infringement as a marketer. F.W. Woolworth submitted its profit calculation, showing that a gross profit of approximately $900 was generated from the sale of the statues. The trial court awarded statutory damages in the amount of $5,000 and attorney’s fees in the amount of $2,000. F.W. Woolworth appealed, and the appellate court affirmed. F.W. Woolworth petitioned the United States Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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