Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2013] FCA 986 Citation: Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2013] FCA 986
Parties: ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LIMITED (ACN 001 660 715), ARISTOCRAT INTERNATIONAL PTY LIMITED (ACN 000 148 158) and ARISTOCRAT TECHNOLOGIES INC v GLOBAL GAMING SUPPLIES PTY LTD (ACN 008 548 589), ANTHONY EDWARD ANDREWS, IMPACT GAMING PTY LTD (ACN 109 299 461), TONITA ENTERPRISE PTY LTD (ACN 120 737 402), FRANCIS GEORGE BERNARD CRAGEN and RIAD ALLAM
File number: NSD 1271 of 2006
Judge: JACOBSON J
Date of judgment: 30 September 2013
Catchwords: COPYRIGHT – infringement – remittal proceedings – gaming machine games and components – circumstantial evidence – primary findings as to knowledge of counterfeiting activities overturned on appeal – what relief available for copyright infringement TRADE MARKS – infringement – use as a trade mark –whether counterfeit gaming machine components "substantially identical" or "deceptively similar" to the applicants' registered marks EVIDENCE – matter remitted by Full Court on appeal – evidence supporting primary findings of copyright infringement found to be inadmissible against respondents – evidence not admissible except as to credit or the existence of a joint venture
Legislation: Copyright Act 1968 (Cth) ss 36, 38, 115 Evidence Act 1995 (Cth) s 136 Trade Marks Act 1995 (Cth) s 120
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