Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd (No 2) [2008] FCA 746

Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd (No 2) [2008] FCA 746

Applicant failed to prove any economic loss or injury to reputation from copyright infringement; nominal damages awarded to vindicate proprietary rights. Additional damages awarded under s 115(4) Copyright Act 1968 (Cth) because the infringement was flagrant and involved wilful blindness by the second respondent. Breach of implied contractual term established, but only nominal damages as no loss was proved.

Jurisdiction
Australia
Judgment Date
27 May 2008
Procedural Posture
Civil / Assessment of Damages Following Earlier Finding of Liability
Outcome
Judgment for applicant
Legal Topics
['infringement of Copyright' 'damages Assessment' 'additional Damages' 'breach of Implied Term']
['copyright Law' 'contract Law'] ['infringement of Copyright' 'damages Assessment' 'additional Damages' 'breach of Implied Term']

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Procedural Posture

Civil / Assessment of Damages Following Earlier Finding of Liability

Legal Issues

  1. 1 ['Appropriate measure of damages for copyright infringement' 'Whether additional damages should be awarded under s 115(4) Copyright Act 1968 (Cth)' 'Assessment of damages for breach of implied contractual term']

Ratio Decidendi

Applicant failed to prove any economic loss or injury to reputation from copyright infringement; nominal damages awarded to vindicate proprietary rights. Additional damages awarded under s 115(4) Copyright Act 1968 (Cth) because the infringement was flagrant and involved wilful blindness by the second respondent. Breach of implied contractual term established, but only nominal damages as no loss was proved.

Court Disposition

Judgment for applicant

Orders

  • ['Judgment for applicant against both respondents for $10,010 for infringement of copyright' 'Judgment for applicant against first respondent for $10 for breach of implied term']