Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Budget Eyewear Australia Pty Ltd v Specsavers Pty Ltd [2010] FCA 507 Citation: Budget Eyewear Australia Pty Limited v Specsavers Pty Ltd [2010] FCA 507
Parties: BUDGET EYEWEAR AUSTRALIA PTY LTD (ACN 005 481 890) v SPECSAVERS PTY LTD (ACN 097 147 932)
File number: NSD 530 of 2010
Judge: BENNETT J
Date of judgment: 19 May 2010
Corrigendum: 24 June 2010
Catchwords: COPYRIGHT – application for interlocutory relief – respondent copied phrases in applicant's print advertisements, radio script and terms and conditions – some words replaced with synonyms – subsistence of copyright – copyright in advertisements reflecting a novel advertising campaign – expression of the concept intended to attract customers – authorship – originality – ordinary words – infringement – substantial part – copying of the idea or the expression of the idea – prima facie case – balance of convenience – damage to the copyright
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied IceTV Pty Limited v Nine Network Australia Pty Ltd (2009) 239 CLR 458 considered Kirk v J & R Fleming Limited [1929] MacG Cop Cas 44 considered
Date of hearing: 18 May 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Mr M R Hall
Solicitor for the Applicant: Mallesons Stephen Jaques
Counsel for the Respondent: Mr R Cobden SC
Solicitor for the Respondent: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
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