Dynamic Supplies Pty Limited v Tonnex International Pty Limited [2011] FCA 362

FEDERAL COURT OF AUSTRALIA

Dynamic Supplies Pty Limited v Tonnex International Pty Limited [2011] FCA 362 Citation: Dynamic Supplies Pty Limited v Tonnex International Pty Limited [2011] FCA 362

Parties: DYNAMIC SUPPLIES PTY LIMITED (ACN 064 793 862) v TONNEX INTERNATIONAL PTY LIMITED (ACN 085 148 438)

File number(s): NSD 793 of 2009

Judge: YATES J

Date of judgment: 13 April 2011

Catchwords: COPYRIGHT – subsistence – literary work – compilation – compatibility chart for printer and computer consumables – whether a work of joint authorship COPYRIGHT – infringement – whether impugned work is a reproduction of a substantial part of the copyright work – indicia of copying – multiple use in impugned work of idiosyncratic expressions used in copyright work TRADE PRACTICES – consumer protection – representation as to genuineness of products – representation as to reliability of supplier to only supply genuine and not counterfeit products – whether proper basis for making representations – whether conduct misleading or deceptive or likely to mislead or deceive – whether false representations made TRADE PRACTICES – consumer protection – representation as to tax free status of benefits supplied under a rewards program – whether conduct misleading or deceptive or likely to mislead or deceive – whether false representation made TRADE PRACTICES – consumer protection – representations as to Australian products – representations as to Australian jobs – whether conduct misleading or deceptive or likely to mislead or deceive – whether false representations made