Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd & Anor

Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd & Anor

The appropriate quantum under the user principle is £300, reflecting the cost of stock images actually paid by the defendant. Additional damages of £6,000 are awarded due to flagrant infringement and unfair profits, as required by s.97(2) of the Copyright, Designs and Patents Act 1988 and Article 13(1) of the Enforcement Directive.

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 Application of Article 13(1) of Directive 2004/48/EC (Enforcement Directive)

Ratio Decidendi

The appropriate quantum under the user principle is £300, reflecting the cost of stock images actually paid by the defendant. Additional damages of £6,000 are awarded due to flagrant infringement and unfair profits, as required by s.97(2) of the Copyright, Designs and Patents Act 1988 and Article 13(1) of the Enforcement Directive.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay Absolute Lofts South West London Limited £300 under the user principle.
  • Defendants to pay Absolute Lofts South West London Limited £6,000 as additional damages.