Universal City Studios Incorporated v. Mulligan (No.2) [1999] IEHC 165; [1999] 3 IR 392 (18th May, 1999)

Universal City Studios Incorporated v. Mulligan (No.2) [1999] IEHC 165; [1999] 3 IR 392 (18th May, 1999)

Due to lack of evidence on actual sales or impact, damages are quantified 'at large'; penal damages are awarded for flagrant infringement and to ensure effective relief.

Citation
[1999] IEHC 165
Parties
Plaintiff: Various copyright owners represented by the Plaintiffs; Defendant: Defendant (unnamed)
Jurisdiction
Ireland
Procedural Posture
Copyright Infringement / Damages Inquiry
Outcome
damages awarded
Legal Topics
Damages Quantification, Video Piracy, Additional Damages, Perpetual Injunction
Intellectual Property Copyright Law Damages Quantification Video Piracy Additional Damages Perpetual Injunction

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Parties

Various copyright owners represented by the Plaintiffs

Plaintiff

Defendant (unnamed)

Defendant

Procedural Posture

Copyright Infringement / Damages Inquiry

Legal Issues

  1. 1 quantification of damages for copyright infringement
  2. 2 entitlement to additional penal damages

Ratio Decidendi

Due to lack of evidence on actual sales or impact, damages are quantified 'at large'; penal damages are awarded for flagrant infringement and to ensure effective relief.

Court Disposition

damages awarded

Orders

  • Plaintiffs awarded £75,000 in damages, including £50,000 under Section 22(4) of the Copyright Act, 1963.
  • Perpetual injunction against Defendant restraining copyright infringement remains in force.