Apple Computer Inc & anor v Computer Edge Pty Ltd & anor [1983] FCA 358

Apple Computer Inc & anor v Computer Edge Pty Ltd & anor [1983] FCA 358

The respondents' conduct in labelling and advertising the Wombat computer, including references to compatibility with Apple II programs, did not give rise to misleading or deceptive conduct as the products were sufficiently distinguished, and no suggestion of association with the applicants arose. Further, computer programs at the relevant time did not constitute 'literary works' for the purpose of Australian copyright law, negating any infringement claim.

Parties
Applicant: APPLE COMPUTER INC.; Applicant: APPLE COMPUTER AUSTRALIA PTY. LIMITED; Respondent: COMPUTER EDGE PTY. LIMITED; Respondent: MICHAEL SUSS; Cross Claimant: COMPUTER EDGE PTY. LIMITED; Cross Claimant: MICHAEL SUSS; Cross Respondent: APPLE COMPUTER AUSTRALIA PTY. LIMITED
Jurisdiction
Australia
Judgment Date
07 December 1983
Procedural Posture
Trial / Final Judgment
Outcome
Application dismissed as against the first and second respondents; cross-claim stood over generally.
Legal Topics
Misleading or Deceptive Conduct, Copyright Infringement, Passing Off, Computer Programs, Trade Practices Law
Intellectual Property Trade Practices Misleading or Deceptive Conduct Copyright Infringement Passing Off Computer Programs Trade Practices Law

Case Brief

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Parties

APPLE COMPUTER INC.

Applicant

APPLE COMPUTER AUSTRALIA PTY. LIMITED

Applicant

COMPUTER EDGE PTY. LIMITED

Respondent

MICHAEL SUSS

Respondent

COMPUTER EDGE PTY. LIMITED

Cross Claimant

MICHAEL SUSS

Cross Claimant

APPLE COMPUTER AUSTRALIA PTY. LIMITED

Cross Respondent

Procedural Posture

Trial / Final Judgment

Legal Issues

  1. 1 Whether respondents' conduct in marketing the Wombat computer constituted misleading or deceptive conduct under s.52 of the Trade Practices Act 1974
  2. 2 Whether the appearance, labelling, and promotion of the Wombat computer falsely suggested it was associated with or had the approval of the applicants
  3. 3 Whether the computer chips in the Wombat computer constituted infringing copies of the applicants' computer programs under the Copyright Act 1968

Ratio Decidendi

The respondents' conduct in labelling and advertising the Wombat computer, including references to compatibility with Apple II programs, did not give rise to misleading or deceptive conduct as the products were sufficiently distinguished, and no suggestion of association with the applicants arose. Further, computer programs at the relevant time did not constitute 'literary works' for the purpose of Australian copyright law, negating any infringement claim.

Court Disposition

Application dismissed as against the first and second respondents; cross-claim stood over generally.

Orders

  • Application dismissed as against the first and second respondents.
  • Applicants to pay the costs of the first and second respondents.