Chain Stores Sentenced to Pay Fine of NT$400,000 for Copyright Infringement Relating to Plagiarism of the Logo.

The costume designer of the renowned fair price apparel chain stores, surnamed Chen, was accused of plagiarism of the “musical skull” logo owned by Galoop.  Galoop alleged that the logo in dispute was a work for hire created by the designer (Chen) who has signed a copyright assignment agreement with Galoop that the copyright in and to the logo shall belong to Galoop.  Galoop therefore sued the designer for copyright infringement based on plagiarism of the logo in dispute.

Taipei District Court ruled that the chain stores should be sentenced to a fine payment of NT$400,000 for violation of the Copyright Act, and the designer received a 6-month prison sentence, which is commutable to monetary fine.  Further, by operation of the Civil Code, the employer and employee shall be jointly and severally liable for the damages thereof.  In other words, the chain stores and designer were held jointly and severable liable for the damages caused.  (2010.10)

Taipei District Court docket number:  (98) Su-Zi No. 1536 [2009] / (99) Jhih-Zi No. 11 [2010]
/DC