Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Facton Ltd v Rifai Fashions Pty Ltd [2011] FCA 290 Citation: Facton Ltd v Rifai Fashions Pty Ltd [2011] FCA 290
Parties: FACTON LTD, G-STAR INTERNATIONAL B.V and G-STAR AUSTRALIA PTY LTD (ACN 096 769 123) v RIFAI FASHIONS PTY LTD (ACN 003 679 221), MUSTAFA RIFAI (ALSO KNOWN AS MUSTAPHA RIFAI) and HIND RIFAI
File number: VID 906 of 2009
Judge: BROMBERG J
Date of judgment: 30 March 2011
Catchwords: DAMAGES – purpose of award of compensatory damages – compensatory damages for lost profits – compensatory damages for damage to reputation – whether assessment of loss can be made in the absence of evidence as to the value of reputation or goodwill – whether exemplary damages should be awarded - whether conduct displayed a conscious and contumelious disregard of applicant's rights– contumelious conduct involves an element of malice or spite often manifested in insult or humiliation – award of exemplary damages not appropriate – additional damages for the infringement of copyright pursuant to section 115(4) of the Copyright Act – appropriate to award additional damages. INTELLECTUAL PROPERTY – compensatory damages and additional damages pursuant to s 115 (4) of the Copyright Act. TORTS – passing off – whether compensatory and exemplary damages should be awarded – award of exemplary damages not appropriate.
Legislation: Copyright Act 1968 (Cth) ss 115(2), 115(4), Fair Trading Act 1987 (NSW) ss 42, 44 Trade Marks Act 1990 (Cth) s 120 Trade Practices Act 1974 (Cth) ss 52, 53, 75B
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