First round of legislation to implement the Productivity Commission’s recommendations released for comment
Henley Arch v Lucky Homes: innocent infringement and the damages calculations
Tonnex was found to have infringed Dynamic’s copyright in its printer cartridge compatability chart. That finding was upheld on appeal. Now, Yates J has ordered Tonnex to pay Dynamic $150,001.00 in damages. The damages are comprised of compensatory damages under s115(2) of $1.00 and $150,000 by way of additional damages under s115(4).
Perram J has ruled that additional damages can be awarded for conduct occurring before the statutory power was inserted in the Trade Marks Act.
Perram J has awarded $10 nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.
Various members of Schapelle Corby‘s family, like most other people who take photographs, do own copyright in the photographs they have taken and Allen & Unwin, which published 5 of their photographs in The Sins of the Father, has to pay damages for the unauthorised use of those copyrights. Buchanan J awarded: between $500 and $5,000 compensatory damages pursuant to s 115(2) for each photograph; and $45,000 by way of additional damages.. Read More
Besanko J has awarded Insight SRC $32,510.00 for the infringements of its copyright in the School Organisational Health Questionnaire by the Australian Council for Educational Reseaarch (ACER). The award consisted of $10 nominal damages and $32,500 by way of additional damages. There are some interesting points about ownership, assignment and damages. The questionnaire consisted of 57 questions arranged under 12 headings or modules. ACER reproduced some 25 of these questions.. Read More
IP Australia has issued an options paper reviewing the criminal penalties and whether or not additional damages should be available for trade mark infringement in Australia. Some of the considerations for reforming the criminal penalties under the Trade Marks Act relate to the wide ranging reform of the criminal penalties structure in the Copyright Act effected by the amendments in 2006 and a perception that Australia’s penalties may be out.. Read More
On Friday, Kenny J handed down the 2nd and 3rd substantive design cases under the new Act: in Review v Redberry  FCA 1588, her Honour found the design valid but not infringed; in Review v New Cover  FCA 1589; valid and infringed including $85,000 damages (of which $50,000 were for additional damages). The judgments will no doubt be up on Austlii soon but, until then, students can download pdfs from.. Read More