Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228

FEDERAL COURT OF AUSTRALIA

Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228 Appeal from: Chhabra v McPherson as Trustee for the McPherson Practice Trust [2018] FCA 1755; (2018) 138 IPR 1

File numbers: NSD 2266 of 2018

Judges: GREENWOOD, CHARLESWORTH AND BURLEY JJ

Date of judgment: 13 December 2019

Catchwords: INTELLECTUAL PROPERTY – copyright – appeal from orders dismissing an application for damages for infringement of copyright subsisting in a logo – whether first appellant was the sole owner of the copyright – whether, as co-owner, the first appellant could revoke a licence previously granted jointly by the co-owners to the respondents – whether the licence was revocable at will – whether licence previously granted to the respondents was revoked on the facts – no appealable error – appeal dismissed

Legislation: Copyright Act 1968 (Cth) ss 10, 30, 35, 196, 197 Copyright, Designs and Patents Act 1988 (UK) s 91 Copyright (International Protection) Regulations 1969 (Cth) reg 4 Electronic Transactions Act 1999 (Cth) s 10

Cases cited: Acorn Computers Ltd v MCS Microcomputer Systems Pty Ltd (1984) 6 FCR 277 Chhabra v McPherson as Trustee for the McPherson Practice Trust [2018] FCA 1755; (2018) 138 IPR 1 Computermate Products (Aust) Pty Ltd v Ozi-Soft Pty Ltd (1988) 20 FCR 46 Patten v Thomas Motors Pty Ltd (1965) 66 SR (NSW) 458 Prior v Lansdowne Press Pty Ltd (1975) 29 FLR 59 Robert J Zupanovich Pty Ltd v B & N Beale Nominees Pty Ltd (1995) 59 FCR 49 Seven Network (Operations) Ltd v TCN Channel Nine Pty Ltd (2005) 146 FCR 183 Trumpet Software Pty Ltd v Ozemail Pty Ltd (1996) 34 IPR 481 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Davies G, Caddick N, Harbottle G, Copinger and Skone James on Copyright (17th ed Sweet & Maxwell 2016) Vol 1 The Laws of Australia (Thomson Reuters subscription service)