Smart & Biggar Prevails In Another Precedent Setting Anti-Counterfeiting Decision

In Adobe Systems Incorporated, Microsoft Corporation and Rosetta Stone Ltd. v. Dale Thompson, the Federal Court recently took another significant step in addressing the problem of sale of pirated software in Canada. Pursuant to the summary judgment rules of the Court, Justice Campbell granted summary judgment, including broad injunctive relief, maximum statutory damages, punitive damages and costs. In two precedent setting findings, maximum statutory damages were awarded despite the fact that there was no showing of recidivism and the Court awarded damages in respect of unauthorized reproduction and display of cover art on the Defendant's websites. The Plaintiffs were successfully represented by Brian P. Isaac and Vik G. Tenekjian of our Toronto office.