25 Jun 2020
GEOSTEL VISION LIMITED v PAUL DAYNES AND THE ESTATE OF GORDON ROBERTSON [2020] NZCA 256
- Citation
- (2020) 152 IPR 500
- Court
- Court of Appeal
The High Court's damages assessment was legally and factually flawed. The Court of Appeal quashed the $510,000 award because the Judge erred by treating the notional licence as exclusive, by failing to account properly for the territorial limits of the copyrighted designs and the actual bargaining position of the licensor (including its indebtedness), and by adopting an unsupported 40% royalty based on anticipated rather than actual profits. Applying the user principle correctly (using established income/available-profits methodology, starting from the 25% rule and adjusting down for the fact…