Legal Opinion

Miller v. Collectors Universe, Inc.

California Court of Appeal

Decided February 1, 2008No. G036432PublishedCited by 23 opinions

1Opinion of the Court

Opinion

IKOLA, J.

Under Civil Code section 3344, subdivision (a) (section 3344(a)), a person who knowingly and without authorization uses another’s name on goods, or to advertise, sell, or solicit purchases of goods or services, is liable to the injured party for statutory damages of $750 or actual damages suffered “as a result of the unauthorized use,” whichever is greater, as well as profits from the unauthorized use, discretionary punitive damages, and attorney fees and costs. In this case, a jury found by special verdict that Collectors Universe, Inc. (Collectors), used the name of William…

2Cases cited26 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. Norgart v. Upjohn Co.California Supreme Court · 1999
  3. People Ex Rel. Lockyer v. Shamrock Foods Co.California Supreme Court · 2000
  4. Bay Cities Paving & Grading, Inc. v. Lawyers' Mutual InsuranceCalifornia Supreme Court · 1993
  5. Mycogen Corp. v. Monsanto Co.California Supreme Court · 2002

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3Cited by23 opinions

  1. Fraley v. Facebook, Inc.District Court, N.D. California · 2011
  2. Christoff v. Nestle USA, Inc.California Supreme Court · 2009
  3. Orthopedic Systems, Inc. v. SchleinCalifornia Court of Appeal · 2011
  4. Rams v. Def Jam Recordings, Inc.District Court, S.D. New York · 2016
  5. Starbucks Corp. v. Superior CourtCalifornia Court of Appeal · 2008

18 more not listed; retrieve them via the Exa API.

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