Abrasives and Related Suppliers Pty Ltd v Rotheram [2003] FCA 838

FEDERAL COURT OF AUSTRALIA

Abrasives and Related Suppliers Pty Ltd v Rotheram [2003] FCA 838 COPYRIGHT – injunction – arguable issue to be tried Copyright Act 1968 (Cth) s 38 ABRASIVES RELATED SUPPLIES PTY LTD & ANOR v JOHN ERIC ROTHERMAN & ORS V545 of 2003 HEEREY J 5 AUGUST 2003 SYDNEY (VIDEO LINK FROM MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V545 OF 2003

BETWEEN: ABRASIVES AND RELATED SUPPLIERS PTY LTD (ACN 007 890 100)

FIRST APPLICANT

MICRO-SURFACE FINISHING PRODUCTS, INC

SECOND APPLICANT

AND: JOHN ERIC ROTHERAM

FIRST RESPONDENT

THE DISC DOCTOR AUSTRALIA PTY LTD (ACN 104 100 709)

SECOND RESPONDENT

BRAZIN LIMITED (ACN 006 624 228)

THIRD RESPONDENT

PHILIP EDWARD REED

FOURTH RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 5 AUGUST 2003

WHERE MADE: SYDNEY (VIDEO LINK FROM MELBOURNE)

THE COURT NOTES THAT:

1. Upon the First Applicant undertaking by its Counsel to pay to any party adversely affected by the undermentioned order and undertakings such compensation (if any) as the Court thinks just, in such manner as the Court directs.

2. The First and Second Respondents by their Counsel undertook to the Court that until the determination of the proceeding or further order:

(a) they, whether by themselves, their directors, officers, servants, or agents, or any of them will cease and refrain from manufacturing, causing to be manufactured, marketing, promoting, advertising, offering for sale, selling or supplying any products that are marketed in the Infringing Packaging (as defined in the letter exhibited as KAS 25 to the affidavit of Kyle Smith sworn 11.07.03 and filed in this proceeding) or any packaging that contains a reproduction of a substantial part of the Artistic Works (as defined in the said letter);