DAMAGES |
Non-Compensatory |
Nominal |
Oakley, Inc. v. Persons Unknown
T-1403-99, T-550-99, T-551-99, T-1636-99, T-823-99, T-945-98, T-2192-95, T-646-99
Pelletier J.
29/8/00
15 pp.
Default judgment in copyright and trade mark proceeding wherein each of nine plaintiffs sought nominal damages for infringement in amount of $3,000 and costs of $1,750 for total of $42,750--$3,000 amount fixed as minimum nominal damages by Gibson J. in course of disposing of motions for default judgment against one Angela Bali in file T-1951-95 in 1995, and has become accepted measure of damages by Federal Court judges--If conventional award of $3,000 for all claims by one plaintiff fair, not less fair where same claim advanced by multiple plaintiffs at same time--Fact of multiple plaintiffs however raising issue of costs of execution and review of execution of Anton Piller order--$500 awarded each plaintiff as costs of review motion--$250 awarded each plaintiff as costs of default judgment--As conclusions arrived at without having heard from particular defendants herein or defendants as class, conclusions subject to review in event of representations being made by defendants at some point in time--Damage award also subject to being displaced by evidence of actual damages--Would be appropriate for plaintiffs to bring to attention of defendants possibility of judgment against them in this amount for each order obtained.