Nintendo to get $2.1m in damages in lawsuit towards RomUniverse
Nintendo has gained its case towards rom web site RomUniverse and can obtain $2.1 million in damages.
Nintendo initially requested for over $15 million in copyright and trademark infringement damages, TorrentFreak reported.
Amongst others, Nintendo initially demanded $90,000 for every copyrighted work provided on RomUniverse (of which there have been 49) and $400,000 for every of the 29 logos. The court docket lowered these to $35,000 per work and granted $400,000 for all of the logos.
“The Courtroom Grants Plaintiff’s Movement for Abstract Judgment as to Plaintiff’s copyright infringement, unfair competitors and Lanham Act claims, and awards Plaintiff $1,715,000 in statutory damages underneath the Copyright Act and $400,000 in statutory damages underneath the Lanham Act for a complete of $2,115,000 in statutory damages,” US District Courtroom Choose Consuelo Marshall wrote.
The choose highlighted that RomUniverse’s proprietor, Matthew Storman, “acquired a direct monetary profit from the infringing acts of the customers of his web site who downloaded copies of Nintendo’s copyrighted video video games, and Defendant didn’t cease the infringing exercise regardless of having data of the Infringement.”
Storman had chosen to proceed and not using a lawyer and defended himself in court docket. He denied having uploaded information to RomUniverse and added that he didn’t “confirm the content material of stated ROM file.” This was refuted by the court docket.
Primarily based on Storman’s personal testimony, it was estimated that RomUniverse was making between $30,000 and $36,000 in income.
Nintendo filed its lawsuit towards RomUniverse in September 2019. The positioning remained on-line all through the case however was finally shut down throughout summer time 2020.