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Getty Images Letter Forum / Question for Oscar
« on: December 16, 2010, 11:53:42 PM »
Assume innocent infringement and no defenses to the infringement claim. If it goes to judgement, presumably the court will award Getty something because there is no liability issue.
Can defendant place Getty at risk of paying costs + attorney fees by making a Rule 68 offer of say $400 ? (More than the low end $200 that could be awarded to Getty.)
More generally can you explain how Rule 68 works in the context of infringement actions and specifically low dollar actual damages and/or innocent infringement cases ?
Thanks.
Can defendant place Getty at risk of paying costs + attorney fees by making a Rule 68 offer of say $400 ? (More than the low end $200 that could be awarded to Getty.)
More generally can you explain how Rule 68 works in the context of infringement actions and specifically low dollar actual damages and/or innocent infringement cases ?
Thanks.