- [page 1][page
2][page3][page4] [Comments from Judge Collins]
- 13. Defendant Teresa Halton
infringed the plaintiff's copyright by unauthorized copying of
the Wong-Weiss photograph on her web site.
- 14. The plaintiff did not suffer
any compensatory damages as a result of defendant Teresa Halton's
infringement of the plaintiff's copyright on the Wong-Weiss photograph.
- 15. Defendant Teresa Halton
earned $0 in profits that are attributable to her use of the
Wong-Weiss photograph, which should be awarded to the plaintiff.
- 16. The plaintiff is the owner
of Copyright Registration No. TX 4-903-921 for the textual advertising
material of the Storybook Brochure.
- 17. Defendant Teresa Halton
infringed the plaintiff's copyright by unauthorized copying of
the textual advertising material of the Storybook Brochure on
her web site.
- 18. The plaintiff suffered $10,000.00
in compensatory damages for loss of value in the copyrighted
textual advertising material of the Storybook Brochure as a result
of defendant Teresa Halton's infringement of the plaintiff's
copyright.
- 19. The plaintiff is entitled
to an award of $10,000.00 in profits that defendant Teresa Halton
earned as a result of her use of the copyrighted textual advertising
material.
- IV. Breach of Fiduciary Duty.
- 20. Defendant Teresa Halton
was an agent of the plaintiff.
- 21. Defendant Teresa Halton
breached her fiduciary duty to the plaintiff,
- 22. The plaintiff suffered $10,000.00
in compensatory damages as a result of defendant Teresa Halton's
breach of fiduciary duty.