Federal Court of Australia
CATCHHORDS
Copyright - Computer programmes - Original literary works -
Adaptations ~ Infringement by sale and importation of .~
reproductions of adaptations.
Pn
\,
rade Practices - Misleading or deceptive conduct - Computers of similar appearance - Labels - Respondents' goods supplied with appellants' handbook - False representation of soconsorship,
approval or affiliation.
Teade Practices Act 1974 - ss. 52, S53(c). 53(d), 55.
Copyright Act 1968 - ss. 10(1), 36, 37, 38
APPLE COMPUTER INC. and APPLE COMPUTER AUSTRALIA PTY. LIMITED v. COMPUTER EDGr PTY. LIMITED and MICHAEL SUSS _
No. G405 cof 1983
FOX, LOCKHART and SHEPPARD JJ.
129 May 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
eee eeOoDid oD 162) is) Fi be! wo c Ww
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION BETWEEN : APPLE COMPUTER INC. and APPLE COMPUTER AUSTRALIA PTY. LTD. | Appellants AND: COMPUTER EDGE PTY. LIMITED and MICHAEL SUSS _ . - "spre oo. , oo! . _ Respondents ; ; Ls repent : JULGES MAKING ORDER: FOX, LOCKHART and SHEPPARD Jd. ™~ ~? DATE OF ORDER: 29 MAY 1984 WHERE ORDER MADE: SYDNEY ORDER. THE COURT ORDERS THAT: l. The appeal he allowed and the judgment of Beaumont J. set aside. . ») 2. The first respondent by itself its servants and agents . amit the seconk respondent be restrained from infringing: the first appellant's copyright in Applesoft Source and Autostart Source programmes. - . 3A) The first respondent by itself its servants and agents
and the second respondent be- restrained from, without
(B}
tw
the licence of the f1rst appeliant, importing into
Australia ROMs or EPROMsS or other Tfirmvare or sortware
containing programmes which are reproductions of the first appellant's programmes, Applesott Object and
Autostart Object, for the purpose of:-
(a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the said.
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