
In July 2007, the District Court of New York ruled in favor of Masterfile in its suit against J.V. Trading, a dealer in Asian food products whose promotional website displayed eight of Masterfile’s copyrighted photographs from 2002 to 2005, all without license. The court granted the full extent of damages requested, including statutory damages, attorney’s fees, and other costs incurred in prosecuting this action, for a total of $ 46,816.91. This result is an example of following an infringement claim, initially discovered through PicScout’s image recognition technology, all the way through to the end. The defendant refused to respond throughout the process, and placed the usual blame on the web designer, taking the tactic of “if we remove the images and don’t answer, you will give up and go away”. The next step is to collect the award, but even if full recovery was not achieved, the decision is an important example of how to pursue a copyright infringement claim where the defendant refuses to answer and defaults.
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