U.S. District Judge Henry E. Autrey ruled Monday in federal court in Missouri in Warner Bros.’ favor on its claim for damages on its copyright claims and on its motion for summary judgment on claims alleging that Dave Grossman Creations and Avela violated its trademarks.
Autrey wrote that he did not believe the defendants’ claim that they had earned a total of $70,390 from the infringements, asserting that the license royalties were “far exceed” that figure. He found 257 infringements of the copyrights — one each for the two movies and 255 for “Tom and Jerry” — and set statutory damages of 10,000 per infringement.
Autrey also said he was “sympathetic” to the studio’s difficulties in obtaining accurate records.
“The court therefore recognizes plaintiffs’ continued frustration with the inability to receive reliable, accurate and complete records for assessment damages,” he added.