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4549 REHEARING GRANTED [see 4644] In an action under Civil Code section 3344 against a business that without authorization listed plaintiff’s name as one of its authentication experts on many certificates of authenticity that it sold, all of which were identical except for serial numbers, only one primary right was violated; a plaintiff who elects to receive statutory damages of $750 per violation is entitled to only one such award in the sum of $750; if plaintiff elects instead to receive actual damages, the number of certificates defendant issued listing plaintiff’s name without authorization is relevant to the amount of actual damages.
MILLER v COLLECTORS UNIVERSE (Antique Authentication) 154 CA4 1047 [See: CivC 3344, 3425.3; Shively v Bozanich, 31 C4 1230, T/AT 1/04; Christoff v Nestlé 152 CA4 1439, T/AT 8/07]
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