Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd

This decision relates to damages payable in relation to breach of an implied term in a contract and infringement of copyright in artworks for iPods (referred to in the judgment as “skins”).

A nominal award of $10 was made in relation to the breach of contract, while another nominal award of only $10 was made by way of compensatory damages for the infringement of copyright. More substantial damages of $10,000 were, however, awarded by way of additional or aggravated damages because the second defendant (who had previously been employed by the applicant) either knew or was wilfully blind to the fact that he should not have used the designs created by his former colleague from the applicant company.

The judge noted that other matters submitted by the applicants as relevant to an award of additional damages were really, in this case, relevant only to costs.

Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd (No 2) [2008] FCA 746 (27 May 2008)

More:

• Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd [2007] FCA 1621 (29 October 2007): decision on liability