The Plaintiff brought a motion for default judgement, as the Defendant had not defended the action. The Court considered the evidence filed on the motion, and declared that the Defendant was served with the Statement of Claim, did not file a Statement of Defence during the appropriate time period, and is in default. The Court also ordered the Defendant to shut down or remove from public viewing any and all advertisements, web pages, profiles and the like which are maintained, used or in any way associated with the Defendant in respect of the Plaintiff’s intellectual property.
The Court refused orders against third parties, as they had not been served or otherwise put on notice of the requests for injunctive orders as against them. The Court awarded the Plaintiff statutory damages for copyright infringement, damages for trade-mark infringement and punitive damages.