Facts

Plaintiff Rick Simmons, president of plaintiff California Claim Consultants Inc., created an advertising brochure to promote his business. In 2002, defendant Willie D. Mitchell, plaintiff's former employee, used Simmons' brochure to promote his business, substituting his company's name for plaintiff's. In 2004, Simmons sent defendant a cease-and-desist letter and defendant ceased using the brochure. Plaintiffs sued defendants Mitchell and BM Adjusting for copyright infringement. Later, Mitchell's counsel, Kevin Carter, was permitted to withdraw from the case as counsel.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant infringed on his copyright by distributing the advertising brochure, of which plaintiff was the sole author, without permission.

DEFENDANT'S CONTENTIONS:
The defendant contended he helped plaintiff create the brochure and co-owned the copyright as a joint author of the work.

Settlement Discussions

At the mandatory settlement conference held prior to trial, Mitchell offered to resolve the case for $50,000.

Damages

At trial, the plaintiff sought actual damages in excess of $700,000 resulting from the infringement and profits earned by Mitchell attributable to the brochure.

Result

The court granted plaintiff Simmons' motion for summary judgment on the issue of liability after defendant Mitchell failed to respond to a request for admissions while represented by prior counsel, thus deeming Simmons the sole author of the brochure. The case proceeded to the jury on the issue of damages and the jury found Simmons sustained no actual damages. However, the jury awarded him $39,698, representing $31,972 in profits attributable to the infringed brochure. The court awarded $7,726 in prejudgment interest. Mitchell was ordered to turn over the remaining copies of the brochure and was enjoined from using it as part of his business in the future.

Deliberation

one day

Poll

8-0

Length

four days