Yanmar Diesel Engine Co Ltd & Anor v Kama Diesel Australia Pty Ltd [2002] FCA 1330

FEDERAL COURT OF AUSTRALIA

Yanmar Diesel Engine Co Ltd v Kama Diesel Australia Pty Ltd [2002] FCA 1330 TRADE PRACTICES – whether manner in which competitor advertised, marketed and sold diesel engines and generators amounted to misleading and deceptive conduct – whether competitor falsely attributed applicants' sponsorship or approval of goods – where applicants' goods had distinctive design and get‑up – where competitor's goods exhibited a similar design and get-up with minor variation – where representations made by competitor to applicants' customers that goods were associated with applicants – where promotional brochures used in relation to competitor's goods contained text from applicants' brochures. INTELLECTUAL PROPERTY – where brochures used in marketing of competitor's goods substantially reproduced material in applicants' brochures for similar goods – whether infringement of applicants' copyright in brochures. Trade Practices Act 1974 (Cth): s 52, s 53 Fair Trading Act 1999 (Vic): s 9, s 12 Copyright Act 1968 (Cth): s 115 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1981) 149 CLR 191, applied R & C Products Pty Limited v SC Johnson & Sons Pty Limited (1993) 42 FCR 188, applied Prince Manufacturing Inc v Abac Corporation Australia Pty Ltd (1984) 4 FCR 288, applied Gates v City Mutual Life Assurance Society Limited (1996) 160 CLR 1, applied YANMAR DIESEL ENGINE CO LTD & ANOR v KAMA DIESEL AUSTRALIA PTY LTD (ACN 089 633 312) & ORS V 786 of 2000 GOLDBERG J 29 OCTOBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 786 of 2000

BETWEEN: YANMAR DIESEL ENGINE CO LTD

First Applicant

POWER EQUIPMENT PTY LTD (ACN 005 866 642)

Second Applicant

AND: KAMA DIESEL AUSTRALIA PTY LTD (ACN 089 633 312)