United States Naval Institute v. Charter Communications, Inc.
United States Court of Appeals for the Second Circuit
936 F.2d 692 (2d Cir. 1991)
Relevant factsFree
After assigning rights in The Hunt for Red October to the Naval Institute, which licensed exclusive paperback publication rights to Berkley with a restriction against release before October 1985, Berkley shipped the paperback early enough that retailers sold it by mid-September, allegedly cannibalizing hardcover sales; Naval sought Berkley's full profits from the early sales as copyright infringement damages, while the district court instead awarded Naval's own lost hardcover profit plus prejudgment interest.
IssueFree
Whether a plaintiff in a breach of contract action may recover damages for the defendant's profits.