Miller v. Collectors Universe, Inc.

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 W. Miller without his consent on 14,060 certificates opining to the authenticity of various collectible autographs and memorabilia. Each certificate corresponded to a separate and different collectible item. The parties disagree—starkly—on the consequence of the jury’s finding. In Miller’s view, the jury’s special verdict entitles him to $10,545,000 in statutory damages, calculated by multiplying 14,060 by $750. Collectors, in contrast, insists Miller’s statutory damages are limited to $750 for the single use of his name on all the certificates. The correct assessment of statutory damages turns on…