Federal Court of Australia
FEDERAL COURT OF AUSTRALIA COPYRIGHT - applicant owned copyright in certain designs - allegation that the second respondent had deliberately copied applicant's design - concept of a pair of hands viewed in silhouette with fingers encircling negative space - negative space suggests outline of the land mass of Australia. Copyright Act 1968 (Cth) Ancher, Mortlock Murray & Wooley P/L v Hooker Homes Pty Ltd (1971) 2 NSWLR 278 cited University of London Press Ltd v University Tutorial Press Ltd (1916) 2 Ch 601 cited Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273 followed JURGEN AUGUST ROBERT OEHLSCHLAGER v LANDCARE AUSTRALIA LIMITED (ACN 008 656 513) AND OTHERS NO SG 33 OF 1996 O'LOUGHLIN J ADELAIDE 31 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY NO SG 33 OF 1996
BETWEEN: JURGEN AUGUST ROBERT OEHLSCHLAGER
Applicant
AND: LANDCARE AUSTRALIA LIMITED ACN 008 656 513
First Respondent
CLIFF BURK
Second Respondent
LANDCARE AUSTRALIA LIMITED ACN 008 656 513
Cross-claimant
JURGEN AUGUST ROBERT OEHLSCHLAGER
Cross-respondent
JUDGE: O'LOUGHLIN J
DATE OF ORDER: 31 MARCH 1998
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. Further consideration of proceedings reserved. 3. The matter otherwise be adjourned sine die. 4. Liberty to any party to apply including liberty to relist on seven days notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
south australia DISTRICT REGISTRY NO SG 33 OF 1996
BETWEEN: JURGEN AUGUST ROBERT OEHLSCHLAGER
Applicant
AND: LANDCARE AUSTRALIA LIMITED ACN 008 656 513
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