Seven Network (Operations) Limited v Endemol Australia Pty Limited [2015] FCA 800

FEDERAL COURT OF AUSTRALIA

Seven Network (Operations) Limited v Endemol Australia Pty Limited [2015] FCA 800 Citation: Seven Network (Operations) Limited v Endemol Australia Pty Limited [2015] FCA 800

Parties: SEVEN NETWORK (OPERATIONS) LIMITED (ACN 052 845 262) v ENDEMOL AUSTRALIA PTY LIMITED (ACN 003 198 838), NINE NETWORK AUSTRALIA PTY LIMITED (ACN 008 685 407) and TCN CHANNEL NINE PTY LIMITED (ACN 549 560)

File number: NSD 903 of 2015

Judge: NICHOLAS J

Date of judgment: 6 August 2015

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain broadcast of series of reality television cooking programs – alleged infringement of applicant's copyright in literary and dramatic works – consideration of strength of applicant's claim for relief based upon alleged infringement of dramatic work – consideration of balance of convenience – interlocutory injunction refused. COPYRIGHT – application for interlocutory injunction to restrain broadcast of series of reality television cooking programs – alleged infringement of applicant's copyright in literary and dramatic works – consideration of strength of applicant's claim for relief based upon alleged infringement of dramatic work – consideration of balance of convenience – interlocutory injunction refused.

Legislation: Copyright Act 1968 (Cth)

Cases cited: IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009) 239 CLR 458 Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 Warner-Lambert Company LLC v Apotex Pty Ltd (2014) 106 IPR 218 Garnett K, Davies G and Harbottle G, Copinger and Skone James on Copyright (16th ed, Sweet & Maxwell, 2011) Vo1 1