Southdown Publications Pty. Ltd. & Ors. v. ACP Magazines Pty. Ltd. [2003] NSWCA 347

Southdown Publications Pty. Ltd. & Ors. v. ACP Magazines Pty. Ltd. [2003] NSWCA 347

The interest to be transferred under the 1980 deed includes all assets forming part of the business of TV Week as at the time of entry into the deed, including the conduct and rights associated with the Logie awards, goodwill, trade marks, and the photographic library. A trust will be implied for trade marks beneficially owned by the business, even if registered in another entity’s name, particularly where the registration was by mistake or agency. Pacific 896 was required to ensure compliance with these obligations under the subsequent deed, necessitating outright assignment of the Logie marks.

Parties
First Appellant: Southdown Publications Pty Ltd; Second Appellant: Pacific Publications Pty Ltd; Third Appellant: Jupelly Pty Ltd; Respondent: ACP Magazines Pty Ltd
Jurisdiction
Australia
Judgment Date
26 November 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs; cross-claim dismissed.
Legal Topics
Construction of Contracts, Trade Marks, Implied Trusts, Assignment of Intellectual Property, Business Goodwill
Contract Law Intellectual Property Trusts Construction of Contracts Trade Marks Implied Trusts Assignment of Intellectual Property Business Goodwill

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Parties

Southdown Publications Pty Ltd

First Appellant

Pacific Publications Pty Ltd

Second Appellant

Jupelly Pty Ltd

Third Appellant

ACP Magazines Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether 'rights' in the 1980 deed included the business and promotional assets of TV Week, including the Logie awards, trade marks, and photographic library, or were limited to the name only.
  2. 2 Whether a trust should be implied for trade marks registered in the name of entities other than the one entitled by use and ownership.

Ratio Decidendi

The interest to be transferred under the 1980 deed includes all assets forming part of the business of TV Week as at the time of entry into the deed, including the conduct and rights associated with the Logie awards, goodwill, trade marks, and the photographic library. A trust will be implied for trade marks beneficially owned by the business, even if registered in another entity’s name, particularly where the registration was by mistake or agency. Pacific 896 was required to ensure compliance with these obligations under the subsequent deed, necessitating outright assignment of the Logie marks.

Court Disposition

Appeal dismissed with costs; cross-claim dismissed.

Orders

  • Appeal dismissed with costs.
  • Cross-claim dismissed.