Archive for October, 2009
|Counterfeit Goods: Statutory and Punitive Damages
Friday, October 30th, 2009
Microsoft Corporation v. 1276916 Ontario Ltd. et al is not a trademark case. However, it is a further illustration of Canadian courts’ willingness to award substantial statutory damages under the Copyright Act, together with punitive damages, in counterfeit goods cases.
In this case Microsoft had received ten reports of software privacy. An investigator attended the Mississauga, Ontario store operated by the defendant numbered company and was offered a computer system with unlicensed software. A cease and desist letter was sent, but Microsoft continued to receive piracy reports. An investigator subsequently bought a computer system with various unauthorized software loaded on it and Microsoft commenced the action. The action was initially defended by the defendant numbered company and its owner, but the defence was struck out after the owner failed to attend discoveries, alleged the store was out of business, when it was not, and failed to appoint new counsel.
Microsoft applied for default judgment.
Posted in Case Law, Protection & Enforcement | Comments Off
Judgment nets 800 Domains
Friday, October 16th, 2009
According to news reports (here and here), Chris Bosh, of the NBA’s Toronto Raptors, was awarded control of 800 domains through a U.S. Federal Court ruling. The domains, which included chrisbosh.com, were apparently wrongfully appropriated from professional athletes, including some fellow NBA players and celebrities.
The reports state that Chris Bosh had won an earlier judgment for $120,000 US from a cybersquatter. There were doubts that the cybersquatter would pay and Bosh’s lawyers successfully argued that domain names were personal property which could be used as partial payment for the damage award. This ruling appears to be the first time that a court has awarded third party domains to a plaintiff.
Chris Bosh apparently plans to return the appropriated domains to the applicable athletes and celebrities, for no charge.
Posted in Case Law, Domain Name Disputes, Protection & Enforcement | Comments Off