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NINTENDO OF AMERICA, INC. v. DRAGON PACIFIC INTERN.

No. 93-15166.

40 F.3d 1007 (1994)

NINTENDO OF AMERICA, INC., Plaintiff-Appellee, v. DRAGON PACIFIC INTERNATIONAL; George Sheng, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1994.

Attorney(s) appearing for the Case

James Donohue, Beth M. Andrus, Miller, Nash, Wiener, Hager & Carlsen, Seattle, WA, for plaintiff-appellee.

Lloyd Warble, Fremont, CA, for defendants-appellants.

Before: GOODWIN, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We decide whether an award of both statutory copyright infringement damages and trademark infringement damages for the sale of video game cartridges constitutes an inappropriate "double recovery."

I

George Sheng, the sole proprietor of Dragon Pacific International, imports electronic products from China. Nintendo of America, Inc.'s ("Nintendo") principal business is the marketing of hardware and software cartridges for...

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