Federal Court of Australia
fa
253 _ Orig: nal -~
IN THO FEDERAL COURT OF AUSTPALTA
) ) NeW SOUTH WALES DiSTRICT REGISTRY ) ) }
GENERAL DIVISTON No. G130 of 1983
BETWEEN: APPLE COMPUTER INC. and APPLE COMPUTER AUSTRALIA PTY. LIMITED Applicants
AND: COMPUTER EDGE PTY. LIMITED and MICHAEL SUSS Respondents
AND: COMPUTER EDGE PTY. LIMITED and
MICHAEL SUSS
Cross Claimants
AND: APPLE COMPUTER AUSTRALIA PTY. LIMTTED
Cross Respondent
\
CORRIG™DA On page 10 line 13, befory the words "the respondent" the
word "reaons" should read "reasons".
D. Chang Associate to Mx. Justice Beaumont.
CATCHWORDS
Trade Practices - Misleading or deceptive conduct - Sale of micro-computer similar in appearance and able to operate using applicant's (Apple) computer programmes - Advertisements stating that the computer's software 'compatible with' applicant's computer programme - Whether misleading or deceptive conduct - Whether suggestion that respondents' computers manufactured, sold or advertised by or with licence of applicant question of fact - Prominent label sufficient to distinguish two products
and dispel alleged connection.
Copyright - alleged copyright infringement - Whether Court has jurisdiction to entertain claim under s.32 Federal Court of Australia Act - Claim that computer programmes are "original literary works" within meaning of Act considered - Whether computer programmes protected by copyright - Respondents' micro-computers alleged to incorporate reproduction of programmes used in applicant's computer.
Trade Practices Act, 1974 ss.52, 53(c), 53(d), 55, 80.
Copyright Act, 1968 ss.37, 38, 115 Federal Court of Australia Act, 1976 s.32
APPLE COMPUTER INC. and APPLE COMPUTER AUSTRALIA PTY. LIMITED v. COMPUTER EDGE PTY. LIMITED and MICHAEL SUSS
No. G130 of 1983
Beaumont, J. 7 December, 1983. Sydney.
"s IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate