JRC Investments Ltd. (trading as EventPro) (the “Plaintiff”) has filed a lawsuit against John Watler (“First Defendant”), Cedric Gidarisingh (“Second Defendant”) and TicketsPlus (“Third Defendant”) alleging that the Defendants copied the Plaintiff’s Terms and Conditions, Merchant Agreement and Privacy and derived profits from the unauthorised copying, publishing, and utilisation of the Plaintiff’s Governing Documents.
Regarding the specifics, the Plaintiff alleges the following:
(a) Copied the Governing Documents;
(b) Published the Governing Documents in substantially the same form; and
(c) Entered into agreements with event providers and website visitors utilising the terms of the Governing Documents.
The Plaintiff also alleges that the Defendants copied the Plaintiff’s tickets (containing the Plaintiff’s terms and conditions) and derived profits from the unauthorised copying of the tickets.
As a result of the foregoing, the Plaintiff said that “the profits derived from the Defendants’ agreements with event providers, or a portion thereof, would otherwise have accrued to the Plaintiff but for the Defendants’ misuse of the Governing Documents” and “the profits derived from the Defendants’ provision of ticketing services would not have been realised but for the unauthorised copying of the Tickets.”
The Plaintiff now says that the Plaintiff is entitled to a reasonable level of royalties on each agreement the Defendants entered into based on the Governing Documents, or alternatively the Plaintiff is entitled to a reasonable level of a subscription fee for the period of the Defendants’ misuse of the Governing Documents.
In connection with all of the above, the Plaintiff is seeking the following remedies from the Court:
An injunction to restrain the Defendants howsoever from infringing copyright in the Works owned by the PlaintiffAn order for delivery up of infringing copies of the Works which the Defendants have in their possession, custody or control in the course of a business and any articles specifically designed or adapted for making copies of the Works which the Defendants have in their possession, custody or control and forfeiture to the Plaintiff of all such infringing copies and articlesA declaration from the Court that copyright vested in the Plaintiff subsists in the Works and that the Defendants have infringed that copyrightAn inquiry as to damages suffered by the Plaintiff for infringement of copyright (including statutory damages) or at the Plaintiff’s option an account of profitAdditional damages on the basis that the Defendants’ infringement of copyright was flagrantAn order for payment of all sums found due upon taking such inquiry or account together with interest thereon pursuant to section 34 of the Judicature Act (2021 Revision) or under the equitable jurisdiction of the CourtCostsFurther or other relief