Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 File number(s): VID 347 of 2016
Judge(s): BEACH J
Date of judgment: 11 August 2016
Catchwords: COPYRIGHT – infringement – original literary work – original artistic work – application for summary judgment – whether any reasonable prospect of successfully defending – whether appropriate to grant permanent injunction
Legislation: Copyright Act 1968 (Cth) ss 14, 31, 32, 36, 38, 115, 126, 127, 129, 184 Copyright (International Protection) Regulations 1969 (Cth) reg 4 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) r 26.01
Date of hearing: 11 August 2016
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 32
Counsel for the Applicant: Mr L Merrick
Solicitors for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: The Respondent appeared in person (via telephone)
ORDERS VID 347 of 2016
BETWEEN: THE TOLKIEN ESTATE LIMITED Applicant
AND: ALEXANDER THOMAS SALTALAMACCHIA Respondent
JUDGE: BEACH J DATE OF ORDER: 11 August 2016
THE COURT DECLARES THAT:
1. The respondent has infringed the applicant's copyright in the copyright work set out in the annexure to these orders (the One Ring Inscription) by: (a) reproducing in material form the One Ring Inscription or a substantial part of it; (b) communicating the One Ring Inscription or a substantial part of it to the public; (c) selling rings bearing a reproduction of the One Ring Inscription or a substantial part thereof; (d) offering or exposing for sale rings bearing a reproduction of the One Ring Inscription or a substantial part thereof; (e) by way of trade exhibiting in public rings bearing a reproduction of the One Ring Inscription or a substantial part thereof, including: (f) on the websites located at the domain names www.ebay.com.au, www.ebay.co.uk and www.ebay.com; (g) on the website located at the domain name www.australianjewellerysales.com.
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