Federal Court of Australia
JUDGMENT No. 1.50.1. 24
CATCHWORDS
COPYRIGHT - builders' plans - parties in competition in market for project houses - whether copyright subsisted in applicant's plans - whether respondents' plans infringed applicant's copyright - discussion of difficulties of deciding questions of subsistence and infringement of copyright in
context of builders' or architects' plans - reference to significant authorities - whether applicant's claim barred by laches, acquiesence or delay - discussion of remedies of
account of profits and damages.
Copyright Act 1968, ss.14, 115, 134
LED BUILDERS PTY LIMITED v MASTERTON HOMES (NSW) PTY LIMITED No. NG 589 93
CORAM: SHEPPARD J PLACE: SYDNEY TE: 23 NOVEMBER 1994
RECEIVED
23 NOV 1994
FEDERAL COURT OF AUSTRALIA PRINCIPAL
NEW SOUTH WALES DISTRICT REGISTRY ) No. NG589 of 1993
BETWEEN: LED BUILDERS PTY LIMITED (ACN 002 351 957)
Applicant
AND: Ww. TY MITED {ACN 002 283 963) First Respondent
Ss MES _P' MITED (ACN 002 873 047) Second Respondent
TERTO S_ (NSW Y LIMIT (ACN 002 283 963) First Cross-Claimant
RTON_ HOM: IM (ACN 002 873 047) Second Cross-Claimant
LED BUILDERS PTY LIMITED (ACN 002 351 957) Cross Respondent
CORAM: SHEPPARD J PLACE: SYDNEY DATE: 23 NOVEMBER 1994 SON. SHEPPARD J: In question is a claim for infringement of
copyright. The applicant alleges that the respondents - it is
unnecessary to distinguish between them - copied its plans of
-2- a project house and used the copy to design a project house which was in competition with the applicant's house. Both the applicant and the respondents ("Masterton") have carried on business for many years as builders of project homes. They carry on business by providing their customers with a service which involves the erection on customers' land of houses designed and built in accordance with one of a range of plans which are available for customers to consider. Sometimes customers order a house precisely in accordance with a particular design; on other occasions variations of that design are sought. From time to time there are exhibitions of houses designed and built by project builders. Both the applicant and Masterton regularly have project homes constructed in exhibition centres or villages so that they may be inspected by potential customers along with project houses
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