Can attorney’s fees be awarded in cases involving online image infringement?

Image Copyright
Written By Darin M. Klemchuk

Yes, but only if the image was registered before the alleged infringement or within the safe harbor time period. If it was registered late or not at all, attorney’s fees usually aren’t available.

This dramatically affects negotiation leverage, and mediation is an ideal forum for evaluating the fee-shifting risks on both sides.

Darin M. Klemchuk

Darin M. Klemchuk is the Managing Partner and founder of Klemchuk PLLC.  He focuses his law practice on intellectual property and commercial litigation, anti-counterfeiting and IP enforcement programs, and legal strategy for growing businesses.  You can connect with Darin via email or follow up on LinkedIn.

http://www.klemchuk.com/team/darin-klemchuk/
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