infringement action a plaintiff may elect to receive statutory damages. 17 U.S.C. § 504(c)(1). Statutory damages are fixed at up to $30,000 per copyright infringed. 17 U.S.C. § 504(c). Further, in cases involving violations of trademarks such as counterfeiting of a trademark, the trademark owner may elect at any time before final judgment to recover statutory damages up $100,000 per trademark infringement. 15 U.S.C. § 1117(c). A successful plaintiff in a combined copyright and trademark infringement action is entitled to separate awards of statutory damages under both the Copyright Act and the Lanham Act when a defendant has infringed both the owner’s trademarks and copyrights. Nintendo of America, Inc. v. Dragon Pacific International, c., 1999 WL 1095608, *9-10 (S.D.N.Y.1999) (<HOLDING>). The court also finds the Ninth Circuit’s
holding that plaintiff could recover both doubled damages under the state regulation of manufacturers distributors and dealers act and punitive damages in connection with the common law claim because the act expressly allows both types of damages holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation recognizing that liquidated damages under the flsa  are compensation not a penalty or punishment  holding that plaintiff could recover damages under both the lanham act and the copyright act because the profits awarded under the federal trademark statute constitute compensation rather than a penalty while statutory damages are awarded under the copyright act are designed to serve a variety of purposes other than compensation including deterrence and punishment holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply