Counsel for the plaintiff therefore submitted that the defendant does not have any claim for loss of income, detinue and conversion and thus the requirement for the delivery up and costs for the suit. I agree with the Submissions of Counsel for the plaintiff that during the trial the defendant did not adduce any evidence of the existence of this contractual relationship and neither did Counsel for the defendant submit upon it. On the contrary both parties in their testimonies made it clear to court that the plaintiff was not under the direct employment of the defendant. Court therefore finds that there is no justification for the counterclaim and it is hereby dismissed with costs to the plaintiff. Issue 4: What remedies are available to the parties The plaintiff prayed for an injunction restraining the defendant from further infringement, an account in respect of such infringement, special, general and exemplary damages for infringement, and damages for conversion plus costs for the suit. Prayer for damages Counsel for the plaintiff prayed for damages for infringement and conversion of the plaintiffs designs. Counsel for the plaintiff referred Court to the authority of Claydon Architectural Metalwork Ltd .v. DJ Higgins and sons [1997] FSR 475 where it was held that the normal measure of damages for copyright infringement is the amount by which the value of copyright as a chose in action has been depreciated. The plaintiff adduced evidence to show that her sales were greatly reduced by virtue of the fact that the defendant was duplicating her works. It was the submission of counsel for the plaintiff that after the defendants stopped selling the plaintiff’s products consequent to this action and the Anton pillar order, the plaintiff’s sells went up by 63% in the first half of 2005 and up by 31.5% generally in 2005. 16

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