Paramount Pictures Corporation v Hasluck

The applicants in this case, Paramount Pictures Corporation, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc, Universal City Studios, LLLP, and Columbia Pictures Industries, Inc, were the registered proprietors of various trade marks in Australia, covering motion picture films and related technology. They brought proceedings against Mrs Elva Hasluck and her son, Gary, alleging that the Haslucks had infringed their trade marks by importing and selling DVDs bearing these marks. The applicants sought declarations, injunctions, orders for the delivery up and destruction of infringing articles, and damages. The Haslucks did not defend the action and, by consent, were restrained from further infringing conduct. The Court was tasked with determining the amount of damages to be awarded to the applicants.

The key legal issues before the Court were the quantum of damages to be awarded to the applicants for the infringement of their trade marks by the Haslucks. Specifically, the Court had to consider whether the applicants were entitled to nominal damages for loss of sales, damages for devaluation of their product, and pre-judgment interest. Additionally, the applicants claimed exemplary damages, which the Court had to determine were not available under the Trade Marks Act 1995.

In its decision, the Court found that the applicants were entitled to nominal damages of $500 for loss of sales and $1,000 for devaluation of their product. However, the Court was not satisfied that there was any basis for a finding that the applicants had suffered any loss of reputation as a result of the infringing conduct. The Court also concluded that exemplary damages were not available under the Act. Consequently, the Court awarded each applicant damages in the sum of $1,635, comprising nominal damages of $500, damages of $1,000, and pre-judgment interest of $135. The Court further ordered that the Haslucks pay half the applicants’ costs of the assessment of damages, to be taxed as one set.

The final orders of the Court were that the Haslucks were to pay each of the applicants damages in the sum of $1,635, comprising nominal damages of $500 for loss of sales, damages of $1,000 for devaluation of product, and pre-judgment interest of $135. Additionally, the Haslucks were to pay half the applicants’ costs of the assessment of damages, to be taxed as one set.