Classic Frosted Glass Pty Ltd v Wilhand Pty Ltd [1999] FCA 540

FEDERAL COURT OF AUSTRALIA

Classic Frosted Glass Pty Ltd v Wilhand Pty Ltd [1999] FCA 540

CLASSIC FROSTED GLASS PTY LTD v WILHAND PTY LTD

NG 1117 OF 1997

JUDGE: SACKVILLE J DATE: 27 APRIL 1999

PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1117 OF 1997

BETWEEN: CLASSIC FROSTED GLASS PTY LTD

Applicant

AND: WILHAND PTY LTD

Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 27 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. A declaration that the applicant is the owner of copyright in the following designs and drawings for ceramic glass panels contained in its catalogue, being Exhibit A in the proceedings herein, entitled "Classic Frosted Glass presents the Classic Range of Ceramic Enamel Glass Panels": (a) Orchid (b) Rose Jewel (c) Blue Wren PN (d) Kookaburra Jewel (e) Kookaburra Gum Leaves (f) Shield 2. An order that the respondent, its servants and agents, be restrained from manufacturing, producing, selling, causing to be sold or offering for sale, the ceramic enamel glass panels shown in the respondent's eleven page catalogue, being Exhibit B in the proceedings herein, as: (a) X0E3 "Orchid Frost" with Border (in pair) (b) "Triple Orchid Frost" with Border (in pair) (c) "Rose Jewel Frost" (d) "Blue Wren Frost" (in pair) (e) "Kookaburra Jewel Frost" (in pair) (f) "Kookaburra Green Leaves" (in pair) (g) "Kookaburra Brown Leaves" Cathedral (in pair) (h) "Double Orchid Frost" (in pair) (i) "Double Orchid Frost" with Border (in pair) (j) "Double Orchid Gluechip" (in pair) (k) "Rose Jewel" Cathedral (l) "Rose Jewel" Gluechip (m) "Shield Frost" except with the licence of the applicant. 3. The proceedings otherwise be dismissed. 4. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.