United Broadcasting International Pty Limited v Turkplus Pty Limited [2010] FCA 594

United Broadcasting International Pty Limited v Turkplus Pty Limited [2010] FCA 594

Applicants established a strong prima facie case for copyright infringement by respondents, as respondents did not obtain a binding exclusive licence prior to rebroadcasting and any estoppel defence is weak. Balance of convenience favours applicants as damages would be inadequate, and respondents' financial commitments arose before any enforceable rights could have attached. Interlocutory injunctions are warranted, subject to provision of security.

Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Interlocutory Injunction Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted, subject to provision of security.
Legal Topics
['copyright Infringement' 'interlocutory Injunction' 'exclusive Licence' 'estoppel']
['intellectual Property' 'practice and Procedure'] ['copyright Infringement' 'interlocutory Injunction' 'exclusive Licence' 'estoppel']

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Procedural Posture

Interlocutory Injunction Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether applicants have a prima facie case of copyright infringement against respondents' 'Whether balance of convenience favours granting interlocutory injunction' 'Whether an exclusive licence or estoppel defence is available to respondents']

Ratio Decidendi

Applicants established a strong prima facie case for copyright infringement by respondents, as respondents did not obtain a binding exclusive licence prior to rebroadcasting and any estoppel defence is weak. Balance of convenience favours applicants as damages would be inadequate, and respondents' financial commitments arose before any enforceable rights could have attached. Interlocutory injunctions are warranted, subject to provision of security.

Court Disposition

Interlocutory injunction granted, subject to provision of security.

Orders

  • ['First and third respondents restrained from rebroadcasting the ATV Channel or communicating it to public in Australia otherwise than by broadcasting (pending final resolution or further order)' 'Second respondent similarly restrained' 'Orders 1 and 2 stayed for 7 days to permit applicants to lodge bank guarantee...