Question about ACPA

[serin]

My Mis-reading of the ACPA

My Mistake, :imho: I am an idiot..

`(2)(A) In a case involving the registration or use of an identifier described in subparagraph (B), the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits under subsection(a)--

`(i) an award of statutory damages in the amount of--

`(I) not less than $1,000 or more than $100,000 per trademark per identifier, as the court considers just; or

`(II) if the court finds that the registration or use of the registered trademark as an identifier was willful, not less than $3,000 or more than $300,000 per trademark per identifier, as the court considers just; and

`(ii) full costs and reasonable attorney's fees.

`(B) An identifier referred to in subparagraph (A) is an Internet domain name or other identifier of an online location that is--

`(i) the trademark of a person or entity other than the person or entity registering or using the identifier; or

`(ii) sufficiently similar to a trademark of a person or entity other than the person or entity registering or using the identifier as to be likely to--

`(I) cause confusion or mistake;

`(II) deceive; or

`(III) cause dilution of the distinctive quality of a famous trademark.'.

So Hypothetically.. If I were said plaintiff.. I could say.. as soon as the trial started say "I want 50,000 dollars and legal fees, instead of this trial"?

because if i'm reading it correctly.. it said "At any time before final judgement is rendered"

EDIT:: Wait a second, I just noticed something that i glazed over before..
to recover, instead of actual damages and profits..

so i guess, what i missed in my first read over, is that you need to First win the case, and then (because damages and profits are awarded after) since it's Instead of damages and profits the Election would just be for the 50,000 and legal fees as my "win condition" as opposed to Damages and profits..

Sorry! I'm an Idiot! Disregard this...