Cases

Ludlow Music Inc v Williams & Others

Held

There was nothing to gain by allowing the matter to go to trial. There had been copying of a substantial part, and so infringement. Issues of acquiescence required there to be a trial on remedies. The Claimants were entitled to substantial damages, possibly including exemplary damages. Although the correct approach was to start with the strong presumption that an injunction should be granted, it was at least arguable that this was an exceptional case in that the Claimants had acquiesced to a degree, appeared to only desire financial compensation and had arguably acted oppressively. The issue of injunction therefore could not be determined summarily and would have to be tried.

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