Chhabra v McPherson as Trustee for the McPherson Practice Trust [2018] FCA 1755

Chhabra v McPherson as Trustee for the McPherson Practice Trust [2018] FCA 1755

The applicants failed to establish copyright infringement because Mr Lal was not the sole owner of the Australian copyright in the Kaden Boriss Logos; the Confirmatory Deed made Mr Lal and Mr Batra co-owners, and the respondents had been granted a licence to use the logos for participation in the Kaden Boriss network with Mr Batra's consent. The Court was not satisfied that Mr Lal revoked the licence at the 24 October 2016 meeting, and the pleaded basis for revocation was not maintainable. The passing off claim failed because, by the relevant period, the Kaden Boriss name and logos denoted a shared reputation connected with the network, the respondents truthfully represented their...

Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Copyright Infringement, Passing Off and Australian Consumer Law Proceeding / Liability, Including Additional Damages for Copyright Infringement, Determined Separately From and Prior to Quantum of Pecuniary Relief
Outcome
Originating application dismissed; applicants to pay the respondents' costs.
Legal Topics
['co Ownership of Copyright' 'copyright Licence' 'revocation of Copyright Licence' 'misleading or Deceptive Conduct' 'false or Misleading Representation of Approval or Affiliation' 'goodwill and Reputation in a Trading Name']
['copyright' 'consumer Law' 'passing Off'] ['co Ownership of Copyright' 'copyright Licence' 'revocation of Copyright Licence' 'misleading or Deceptive Conduct' 'false or Misleading Representation of Approval or Affiliation' 'goodwill and Reputation in a Trading Name']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Copyright Infringement, Passing Off and Australian Consumer Law Proceeding / Liability, Including Additional Damages for Copyright Infringement, Determined Separately From and Prior to Quantum of Pecuniary Relief

Legal Issues

  1. 1 ['Whether the first applicant was the sole owner, or a co-owner, of the Australian copyright in the Kaden Boriss Logos' "Whether the respondents' use of the Kaden Boriss Logos was licensed and whether any licence had been validly revoked" 'Whether a licence granted by one copyright co-owner required the consent of the other co-owner' "Whether the respondents' continued use of the Kaden Boriss name and logos amounted to passing off" 'Whether the respondents contravened ss 18 and 29(1)(h) of the Australian Consumer Law by representing an association or affiliation with the applicants']

Ratio Decidendi

The applicants failed to establish copyright infringement because Mr Lal was not the sole owner of the Australian copyright in the Kaden Boriss Logos; the Confirmatory Deed made Mr Lal and Mr Batra co-owners, and the respondents had been granted a licence to use the logos for participation in the Kaden Boriss network with Mr Batra's consent. The Court was not satisfied that Mr Lal revoked the licence at the 24 October 2016 meeting, and the pleaded basis for revocation was not maintainable. The passing off claim failed because, by the relevant period, the Kaden Boriss name and logos denoted a shared reputation connected with the network, the respondents truthfully represented their...

Court Disposition

Originating application dismissed; applicants to pay the respondents' costs.

Orders

  • ['The originating application, as amended on 27 February 2017, be dismissed.' "The applicants pay the respondents' costs."]