Because the person who stole the design profits from the theft, or dilutes the value for the creator.
Just because someone doesn’t sell a design does not give others the right to steal it and sell it in their place.
The “but you weren’t using it” defense isn’t a defense. It’s amazing that even needs to be explained.
Thank you for your help! My claim was finally approved on the 26th and the item removed.
Good to hear, and you’re welcome! I had another one removed this morning. It’s like playing whack a mole with these guys.
Copyright law does not require one to prove actual damages.
Statutory damages are damages that can be awarded by a judge or jury to a copyright owner in a copyright infringement suit. Statutory damages are usually between $750 and $30,000 per work, as determined by the court. However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional).
If the infringement is “innocent,” meaning the infringer did not know they were violating copyright law, the damages can be reduced to a minimum of $200 per work (if the work did not contain a proper copyright notice).
The issue is, Statuatory damages require one to register the copyright with the copyright office.