The lack of wilfulness only goes to damages. There is not such thing as "negligent" or innocent infringement. Pinkham v. Sara Lee Corp., 983 F.2d 824, 829 (8th Cir.1992). Good faith is not a defense to a claim of infringement, but may be determinative as to the amount of statutory damages.
Jonathan M. Feigenbaum
Phillips & Angley
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Boston, MA 02114
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JonF[_at_]phillips-angley.com
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