Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peter Vogel Instruments Pty Ltd v Fairlight.Au Pty Ltd [2016] FCAFC 172 Appeal from: Fairlight.AU Pty Ltd v Peter Vogel Instruments Pty Ltd (No 3) [2015] FCA 1422
File number: NSD 99 of 2016
Judges: BESANKO, EDELMAN AND BURLEY JJ
Date of judgment: 9 December 2016
Catchwords: CONTRACT – agreement for development of software and hardware products and trade mark licensing – whether primary judge erred in finding trade mark was used for purposes exceeding the scope of the licence – whether primary judge erred in finding respondent validly revoked the trade mark licence – whether revocation of trade mark licence terminated the entire agreement – whether, if agreement was not validly terminated, the first respondent was in breach for failing to perform obligations under the agreement COPYRIGHT – whether agreement assigned copyright in software products to appellant – whether first respondent infringed appellant's copyright PRACTICE AND PROCEDURE – application for leave to file a notice of contention – application not filed within appropriate time – whether leave should be granted in light of case management principles in Federal Court of Australia Act 1976 (Cth) s 37M
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 Copyright Act 1968 (Cth) s 197 Federal Court of Australia Act 1976 (Cth) s 37M Trade Marks Act 1995 (Cth) s 120 Trade Practices Act 1974 (Cth) Federal Court Rules 2011 (Cth) rr 1.39, 36.05, 36.23, 36.24
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