Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Royal & Sun Alliance Insurance Australia Limited [2003] FCA 786
COPYRIGHT – whether original script for a Yellow Pages television advertisement was reproduced in a script and television advertisement for motor vehicle insurance – whether dramatic events recorded in the advertisement were reproduced in the television advertisement for motor vehicle insurance – whether there was a reproduction of the ideas or concepts employed in the copyright works rather than the form of expression of those ideas or concepts TRADE PRACTICES – misleading and deceptive conduct – secondary or suggestive brand advertising – whether television advertising by a motor vehicle insurer which reproduced ideas and concepts employed by Yellow Pages in its advertising represented that the motor vehicle insurer was in some way connected or associated with Yellow Pages
Trade Practices Act 1974 (Cth) ss 52, 53(c) and 53(d) Copyright Act 1968 (Cth) ss 10, 14 and 31(1)
Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 - cited Zeccola v Universal City Studios Inc (1982) 46 ALR 189 - cited Blackie & Sons Limited v The Lothian Book Publishing Company Proprietary Limited (1921) 29 CLR 396 - cited Clarendon Homes (Aust) Pty Ltd v Henley Arch Pty Ltd (2000) 46 IPR 309 - applied Williamson Music Ltd v Pearson Partnership [1987] FSR 97 - cited AGL Sydney Ltd v Shortland County Council (1989) 17 IPR 99 - cited Reckitt & Coleman Ltd v Borden Inc (1990) 17 IPR 1 - cited R & C Products Pty Limited v S C Johnson & Sons Pty Limited (1993) 42 FCR 188 - cited Twentieth Century Fox Film Corporation v South Australian Brewing Co Ltd (1996) 66 FCR 451 - applied Parkdale Custom Built Furniture Proprietary Limited v Puxu Proprietary Limited (1982) 149 CLR 191 – applied Campomar Societad Limitada v Nike International Ltd (1999) 202 CLR 45 - applied Pacific Dunlop Pty Ltd v Hogan (1989) 23 FCR 553 - cited Mary Foys Pty Ltd v TVSN (Pacific) Ltd (2000) 104 FCR 61 - applied
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