Pagone J has awarded Pokémon $1 in damages and 70% of its costs from Redbubble for misleading or deceptive conduct and copyright infringement. An interesting aspect of the case is that Redbubble’s implementation of a notice and take down scheme under the DMCA didn’t save it from liability, but did influence the ruling on remedies.
Following on from the Full Court’s warnings in Australian Mud Company v Coretell, Dowsett J has now dismissed Morellini’s claim for damages for unjustified threats.
Henley Arch v Lucky Homes: innocent infringement and the damages calculations
In case you missed the: A selection of links I found interesting last week
Court orders disclosure of confidential information to competitor MD to facilitate election between damages and an account
Yates J has ordered the respondents pay a 1% royalty for passing off their RVs as Winnebago’s
Tonnex was found to have infringed Dynamic’s copyright in its printer cartridge compatability chart. That finding was upheld on appeal. Now, Yates J has ordered Tonnex to pay Dynamic $150,001.00 in damages. The damages are comprised of compensatory damages under s115(2) of $1.00 and $150,000 by way of additional damages under s115(4).
Perram J has awarded $10 nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.
A registered trade mark does not always trump passing off or a claim for contravention of the Australian Consumer Law.
3 stripes v 4 stripes: the remedies – Robertson J has ordered a narrow injunction and reduced costs to 30% after finding 3 of 12 shoe styles infringed