Bell Sports Inc & Anor v R & R Speedsports Pty Ltd & Anor [1995] FCA 1073

Bell Sports Inc & Anor v R & R Speedsports Pty Ltd & Anor [1995] FCA 1073

There are serious questions to be tried in Bell's claim for copyright infringement, but the balance of convenience is against grant of interlocutory injunctive relief. Revolution Race Gear Pty Ltd has not established, on the evidence, that it is an exclusive licensee within the meaning of the Copyright Act 1968 and is not entitled to relief on that basis.

Parties
Firstnamed Applicant: BELL SPORTS INC.; Secondnamed Applicant: REVOLUTION RACE GEAR PTY LTD; Firstnamed Respondent: R & R SPEEDSPORTS PTY LTD; Secondnamed Respondent: AUTOSPORT PTY LTD
Jurisdiction
Australia
Judgment Date
21 December 1995
Procedural Posture
Application for Interlocutory Injunctive Relief / Interlocutory (interim Relief Determination)
Outcome
Interlocutory application for injunctive relief dismissed except as to record-keeping order; costs reserved.
Legal Topics
Copyright, Infringement, Exclusive Licence, Interlocutory Relief
Intellectual Property Copyright Infringement Exclusive Licence Interlocutory Relief

Case Brief

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Parties

BELL SPORTS INC.

Firstnamed Applicant

REVOLUTION RACE GEAR PTY LTD

Secondnamed Applicant

R & R SPEEDSPORTS PTY LTD

Firstnamed Respondent

AUTOSPORT PTY LTD

Secondnamed Respondent

Procedural Posture

Application for Interlocutory Injunctive Relief / Interlocutory (interim Relief Determination)

Legal Issues

  1. 1 Whether the applicants are entitled to interlocutory injunctive relief under s.115 of the Copyright Act 1968 for alleged infringement involving Bell helmets.
  2. 2 Whether Revolution Race Gear Pty Ltd is an 'exclusive licensee' under the Copyright Act 1968 and thus entitled to relief.

Ratio Decidendi

There are serious questions to be tried in Bell's claim for copyright infringement, but the balance of convenience is against grant of interlocutory injunctive relief. Revolution Race Gear Pty Ltd has not established, on the evidence, that it is an exclusive licensee within the meaning of the Copyright Act 1968 and is not entitled to relief on that basis.

Court Disposition

Interlocutory application for injunctive relief dismissed except as to record-keeping order; costs reserved.

Orders

  • R & R Speedsports Pty Ltd to make and keep records of each new Bell helmet acquired or sold, including identity and agreement details for acquisitions and sales, including sales of more than 3 helmets.
  • Applicants' application for interlocutory relief otherwise dismissed.