On July 27, a federal court jury in the Northern District of New York issued a verdict resulting in a judgment of $6,020,250 on behalf of Want Ad Digest Inc. of Troy, publisher of a widely sold magazine, against a competing publisher, Display Advertising Inc. of Watervliet, and its president, Edward H. Spain.
The jury found that Spain committed 8,027 acts of copyright infringement under the Federal Copyright Act. District Court Judge Gary L. Sharpe of the New York Federal District Court for the Northern District of New York assessed damages against both the president individually and the publishing corporation.
Want Ad Digest Inc, represented by Salvatore D. Ferlazzo, Esq. and Robert F. Manfredo, Esq. of the Albany law firm of Girvin & Ferlazzo, P.C., brought suit against both the competing company and its president for misappropriating classified advertisements from the publisher’s magazine and printing them in its own competing publication in early 2008.
Prior to the trial, Judge Sharpe held that Want Ad Digest had legal ownership of the classified ads published in its magazine for the purpose of asserting a copyright infringement claim. During the trial, the jury credited the publication’s proof that the classified commission ads were sufficiently original to allow an infringement claim and that the owner/president of Display Advertising was personally responsible, in addition to the corporation, for the acts of infringement.
For more information contact Salvatore D. Ferlazzo or Robert F. Manfredo at 518.462.0300 or email Ferlazzo at sdf@girvinlaw.com.
Click here to see a copy of the judgement.