ACP Magazines Pty Ltd v Southdown Publications Pty Ltd & Ors [2002] NSWSC 901

ACP Magazines Pty Ltd v Southdown Publications Pty Ltd & Ors [2002] NSWSC 901

The Court found that the rights which must be transferred under the Deed and Savoy clause include not only the TV Week masthead but also the Logie trade marks and photograph library, as these are essential to the goodwill and ongoing publication of TV Week; the commercial context requires these assets to pass for continuity and commercial success. Rights vested elsewhere (Pacific 896) must be assigned to ACP Magazines as per agency relationship and Settlement Deed.

Parties
Plaintiff: ACP Magazines Pty Ltd; First Defendant: Southdown Publications Pty Ltd; Second Defendant: Pacific Publications Pty Ltd; Third Defendant: PMP Publishing Pty Ltd; Fourth Defendant: Jupelly Pty Ltd
Jurisdiction
Australia
Judgment Date
19 November 2002
Procedural Posture
Commercial Dispute / Final Hearing/judgment
Outcome
ACP Magazines Pty Ltd entitled to assignment of Logie marks, business names, photograph library and rights to Logie photographs. Directions given to bring in minutes of order reflecting the judgment. Costs to be argued.
Legal Topics
Construction of Contract, Transfer of Rights, Goodwill, Trade Marks, Breach of Contract, Inducement of Breach
Commercial Law Intellectual Property Equity Construction of Contract Transfer of Rights Goodwill Trade Marks Breach of Contract +1 more

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Parties

ACP Magazines Pty Ltd

Plaintiff

Southdown Publications Pty Ltd

First Defendant

Pacific Publications Pty Ltd

Second Defendant

PMP Publishing Pty Ltd

Third Defendant

Jupelly Pty Ltd

Fourth Defendant

Procedural Posture

Commercial Dispute / Final Hearing/judgment

Legal Issues

  1. 1 Whether the trade marks for the Logie awards and photographic material should be included in the interest to be transferred under the contractual arrangement for TV Week.
  2. 2 Whether the trade marks constitute a component of the goodwill of the magazine and pass with its transfer.
  3. 3 Whether the defendants are required to assign Logie trade marks and photograph library to ACP Magazines under the Deed and Settlement Deed.

Ratio Decidendi

The Court found that the rights which must be transferred under the Deed and Savoy clause include not only the TV Week masthead but also the Logie trade marks and photograph library, as these are essential to the goodwill and ongoing publication of TV Week; the commercial context requires these assets to pass for continuity and commercial success. Rights vested elsewhere (Pacific 896) must be assigned to ACP Magazines as per agency relationship and Settlement Deed.

Court Disposition

ACP Magazines Pty Ltd entitled to assignment of Logie marks, business names, photograph library and rights to Logie photographs. Directions given to bring in minutes of order reflecting the judgment. Costs to be argued.

Orders

  • Assignment of relevant Logie trade marks to ACP Magazines Pty Ltd
  • Assignment of business names to ACP Magazines Pty Ltd