Counsel for the plaintiff therefore submitted that the defendant does not have any claim for
loss of income, detinue and conversion and thus the requirement for the delivery up and
costs for the suit.
I agree with the Submissions of Counsel for the plaintiff that during the trial the defendant
did not adduce any evidence of the existence of this contractual relationship and neither did
Counsel for the defendant submit upon it. On the contrary both parties in their testimonies
made it clear to court that the plaintiff was not under the direct employment of the
defendant. Court therefore finds that there is no justification for the counterclaim and it is
hereby dismissed with costs to the plaintiff.
Issue 4:
What remedies are available to the parties
The plaintiff prayed for an injunction restraining the defendant from further infringement, an
account in respect of such infringement, special, general and exemplary damages for
infringement, and damages for conversion plus costs for the suit.
Prayer for damages
Counsel for the plaintiff prayed for damages for infringement and conversion of the plaintiffs
designs. Counsel for the plaintiff referred Court to the authority of Claydon Architectural
Metalwork Ltd .v. DJ Higgins and sons [1997] FSR 475 where it was held that the
normal measure of damages for copyright infringement is the amount by which the value of
copyright as a chose in action has been depreciated. The plaintiff adduced evidence to show
that her sales were greatly reduced by virtue of the fact that the defendant was duplicating
her works. It was the submission of counsel for the plaintiff that after the defendants
stopped selling the plaintiff’s products consequent to this action and the Anton pillar order,
the plaintiff’s sells went up by 63% in the first half of 2005 and up by 31.5% generally in
2005.
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