Adobe Systems Incorporated v. Dale Thompson DBA Appletree Solutions

Adobe Systems Incorporated v. Dale Thompson DBA Appletree Solutions

On uncontested evidence the defendant willfully reproduced and sold counterfeit copies of the plaintiffs' software and cover art and assisted purchasers; there was no genuine issue for trial so summary judgment was granted; because the defendant acted in bad faith, displayed a callous attitude toward IP, and did not participate, the court awarded maximum statutory damages under s.38.1 totalling $340,000 apportioned $200,000 to Adobe, $80,000 to Microsoft and $60,000 to Rosetta Stone, punitive damages of $15,000 to each plaintiff (total $45,000), pre-judgment interest at 1.3% from April 8, 2011, post-judgment interest at 3.0% from judgment, solicitor-client costs of $60,000, and permanent...

Citation
2012 FC 1219
Parties
Plaintiff: Adobe Systems Incorporated; Plaintiff: Microsoft Corporation; Plaintiff: Rosetta Stone Ltd.; Defendant: Dale Thompson DBA Appletree Solutions
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 October 2012
Procedural Posture
Copyright Infringement Under the Copyright Act / Summary Judgment Motion and Final Judgment
Outcome
Summary judgment for plaintiffs; declarations of copyright ownership and infringement; permanent injunctions issued; monetary awards entered.
Legal Topics
Statutory Damages, Punitive Damages, Injunction, Costs (solicitor Client), Pre Judgment Interest, Post Judgment Interest, Summary Judgment
Source Language
English
Copyright Intellectual Property Civil Procedure Remedies Statutory Damages Punitive Damages Injunction Costs (solicitor Client) +3 more

Case Brief

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Parties

Adobe Systems Incorporated

Plaintiff

Microsoft Corporation

Plaintiff

Rosetta Stone Ltd.

Plaintiff

Dale Thompson DBA Appletree Solutions

Defendant

Procedural Posture

Copyright Infringement Under the Copyright Act / Summary Judgment Motion and Final Judgment

Legal Issues

  1. 1 Whether the defendant infringed the plaintiffs' copyrights by reproducing and selling counterfeit software and cover art
  2. 2 Whether summary judgment was appropriate because there was no genuine issue for trial
  3. 3 Whether maximum statutory damages under s.38.1 of the Copyright Act were warranted

Ratio Decidendi

On uncontested evidence the defendant willfully reproduced and sold counterfeit copies of the plaintiffs' software and cover art and assisted purchasers; there was no genuine issue for trial so summary judgment was granted; because the defendant acted in bad faith, displayed a callous attitude toward IP, and did not participate, the court awarded maximum statutory damages under s.38.1 totalling $340,000 apportioned $200,000 to Adobe, $80,000 to Microsoft and $60,000 to Rosetta Stone, punitive damages of $15,000 to each plaintiff (total $45,000), pre-judgment interest at 1.3% from April 8, 2011, post-judgment interest at 3.0% from judgment, solicitor-client costs of $60,000, and permanent...

Court Disposition

Summary judgment for plaintiffs; declarations of copyright ownership and infringement; permanent injunctions issued; monetary awards entered.

Orders

  • Declarations that copyright subsists in the identified software programs and cover art and that plaintiffs own the copyrights and that the defendant infringed those copyrights
  • Permanent injunction restraining the defendant from infringing, authorizing, inducing or procuring others to infringe the plaintiffs' copyrights and from selling or distributing infringing copies