COPYRIGHT
Infringement
Copyright, trade-mark action about compact discs (CDs) containing copies of various Microsoft computer software programs, related material—CDs, material related thereto, counterfeit—Microsoft’s claim based on Copyright Act, R.S.C., 1985, c. C-42 and Trade-marks Act, R.S.C., 1985, c. T-13—On balance of probabilities, counterfeit items imported into Canada, both Inter-Plus (name under which defendant numbered companies carried on business), Carmelo Cerrelli knew, should have known items counterfeit, infringed Microsoft’s copyright, trade-mark rights—Not necessary to prove actual knowledge under Copyright Act—Inter-Plus, Cerrelli liable under Copyright Act, Trade-marks Act—Delivery up of infringing materials standard remedy, granted herein—25 copyrights infringed—At $20,000 per infringement, statutory damages awarded at $500,000 against corporate defendants, Carmelo Cerrelli jointly and severally—Defendants’ conduct outrageous; Microsoft entitled to punitive damages ($100,000 from two numbered companies jointly, severally, $100,000 from Carmelo Cerrelli)—Permanent injunction granted.
Microsoft Corp. v. 9038-3746 Quebec Inc. (T-1502-00, 2006 FC 1509, Harrington J., judgment dated 16/1/07, 50 pp.)