Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd & Anor [2015] EWHC 2608 (IPEC) (14 September 2015)

Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd & Anor [2015] EWHC 2608 (IPEC) (14 September 2015)

The appropriate quantum for compensatory damages is £300, reflecting the cost of obtaining substitute images from a photographic library. Additional damages of £6,000 are awarded due to the flagrant nature of the infringement and the unfair profits accrued to Artisan, satisfying both s.97(2) of the 1988 Act and art.13(1) of the Enforcement Directive.

Citation
[2015] EWHC 2608 (IPEC)
Parties
Claimant: Absolute Lofts South West London Limited; First Defendant: Artisan Home Improvements Limited; Second Defendant: Darren Mark Ludbrook
Jurisdiction
England and Wales
Judgment Date
14 September 2015
Procedural Posture
Copyright Infringement / Quantum of Damages Assessment
Outcome
Judgment for the claimant
Legal Topics
Copyright Infringement, Damages Assessment, User Principle, Additional Damages, Enforcement Directive, Flagrancy
Intellectual Property Copyright Copyright Infringement Damages Assessment User Principle Additional Damages Enforcement Directive Flagrancy

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Parties

Absolute Lofts South West London Limited

Claimant

Artisan Home Improvements Limited

First Defendant

Darren Mark Ludbrook

Second Defendant

Procedural Posture

Copyright Infringement / Quantum of Damages Assessment

Legal Issues

  1. 1 Quantum of compensatory damages for copyright infringement
  2. 2 Entitlement to additional damages under s.97(2) of the Copyright, Designs and Patents Act 1988
  3. 3 Entitlement to damages under art.13(1) of Directive 2004/48/EC

Ratio Decidendi

The appropriate quantum for compensatory damages is £300, reflecting the cost of obtaining substitute images from a photographic library. Additional damages of £6,000 are awarded due to the flagrant nature of the infringement and the unfair profits accrued to Artisan, satisfying both s.97(2) of the 1988 Act and art.13(1) of the Enforcement Directive.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay Absolute Lofts £300 in compensatory damages under the user principle
  • Defendants to pay Absolute Lofts £6,000 in additional damages for flagrant infringement