–as purported owner files for over $3M in damages

VILLAGE Voice GY has initiated legal proceedings in which it is seeking over $3 million in damages, among other orders, against Nigel Williams, the first-named defendant, and Lincoln Lewis, the second- named defendant to the action for copyright infringement.
Village Voice GY is said to be a company incorporated under the Companies Act of Guyana, whose sole shareholder is Morris Wilson, also a director of the company and the Company Secretary.
Williams was an employee of Village Voice GY, and also a director of the company as of March 31, 2021, when he tendered his resignation.
According to court documents seen by this publication, the claimants are seeking a declaration from the court that the defendants infringed the copyright of the claimant, and a declaration that the conduct of the defendants depreciated the goodwill of the claimant in its name, “Village Voice GY.”

The claimants are seeking injunctions restraining the defendants in their entirety from advertising, dealing with, copying or reproducing in any material form, selling, offering for sale, advertising for sale or issuing to the public, copies of the term “Village Voice” without the claimant’s authorisation.
They are also seeking an order for the obliteration or modification of all marks in the possession, custody or control of the defendants, the use of which bearing the marks to be obliterated or modified would be a breach of the injunction and verification by the defendants that each of them no longer has any such articles in their possession or control.
The claimants are also seeking some additional and/or alternative orders, an inquiry as to the damages for infringement of copyright and goodwill, and an order for payment of all sums found due upon the inquiries. They are also asking the court for general damages of in excess of $1,000,000, punitive damages of in excess of $1,000,000, and $1,000,000 in general damage against Williams for breach of fiduciary duty, interest and prescribed costs.

Wilson reportedly paid for the creation of an original artistic work embodying the words, “Village Voice”. The claimant is the owner of the copyright in the artistic work, being a representation of “Village Voice with a bullhorn image.” The claimant is also the owner of the copyright in the artistic work, being a representation of “Village Voice with a bullhorn image” combined with the words, “daily newspaper, serving villages across Guyana.” Wilson paid for the incorporation of the claimant, and caused a website, Facebook page, email address, and Instagram Page to be registered and activated, bearing the claimant’s artistic work and logo.
“The first-named defendant flagrantly, at some time between October 2020 and April 2021, conducted business, using the ‘claimant’s artistic work’ as well as the ‘claimant’s Logo’ without authorisation, permission and or licence from the claimant,” the court document states.
“The second-named defendant admitted that he is part of a group which is responsible for the publication of ‘The Village Voice News’ in print and digitally,” the statement added.

The court document notes that the defendants have infringed the claimant’s copyright by copying, printing and issuing to the public, without the licence of the claimant, work entitled ‘Village Voice’. “The Defendants have also infringed the claimant’s copyright by selling or offering for sale a printed newspaper, without the authorisation, permission, licence of the claimant. Since April 4, 2021, a large number of copies of the ‘Village Voice News’, which, to their knowledge, infringed the claimant’s copyright,” the court document states.
The court document also notes that the defendants have caused Internet traffic to be diverted from villagevoicegy.com (the claimant’s website) to villagevoicenews.com, and have used various social media platforms in the name of Village Voice Guyana.
The claimant has noted that based on these occurrences, they have suffered damage. They are seeking an injunction, as the defendants have threatened and intended and unless restrained by injunction will continue to repeat the acts, and the claimants will suffer further losses.