An independent comics creator in the United States who won a copyright-infringement judgment against a Canadian businessman last year says the court order has proven to be worthless because the man who used his art without permission — and continues to do so — simply chooses to ignore it.
Eye on Comics reported last year about the case of 3 Geeks creator Rich Koslowski, who brought a successful court action against Hogan Scott Courrier, the owner and operator of Geeks Galore Computer Center in Marmora, Ont. Koslowski’s lawyer proved that the Geeks Galore business used a 3 Geeks image created by Koslowski on websites, business cards and other business-related material without authorization.
In a Sept. 9, 2009, decision, Judge Michael Kelen wrote in a summary-judgment decision: “The Defendant has offered no explanation or response to Plaintiff’s allegations except the outright denials of any wrongdoing in the statement of defence … Based on the evidence, the Court is satisfied that the Defendant has reproduced the Plaintiff’s copyrighted images, ‘THE3GEEKS,’ and that there is no genuine issue for trial.”
In a court order, Kelen barred Courrier from further copying 3 Geeks images and ordered him to turn over all materials with the infringing image on them to Koslowski or to destroy them. The judge also ordered Courrier to pay damages and court costs.