Nintendo of America, Inc. v. Dragon Pacific International

40 F.3d 1007 (1994)

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Nintendo of America, Inc. v. Dragon Pacific International

United States Court of Appeals for the Ninth Circuit
40 F.3d 1007 (1994)

  • Written by Alexander Hager-DeMyer, JD

Facts

George Sheng (defendant) was the sole proprietor of Dragon Pacific International (defendant), a company that imported and sold electronic products from China. Sheng began selling video-game cartridges that contained multiple games, including numerous games copyrighted and trademarked by Nintendo of America, Inc. (Nintendo) (plaintiff). Sheng’s cartridges contained copies of the Nintendo games’ code and were marketed as Nintendo products. Nintendo sued Sheng and Dragon Pacific International for copyright and trademark infringement. The district court awarded Nintendo statutory damages under the Copyright Act of 1976 for copyright infringement and actual damages under the Lanham Act for trademark infringement. Sheng appealed the decision to the Ninth Circuit, arguing that an award for both types of damages constituted a double recovery.

Rule of Law

Issue

Holding and Reasoning (O’Scannlain, J.)

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