Australian Computer Evaluation Consultants Pty Ltd & Anor v Datbury Pty Ltd & Ors [1995] FCA 41

Australian Computer Evaluation Consultants Pty Ltd & Anor v Datbury Pty Ltd & Ors [1995] FCA 41

The applicants failed to prove that any contractual or other limitation was imposed on the respondents' use of Telxon.Com; the software was lawfully acquired without restriction, and the making of backup copies was legitimate under s 43A. No misleading representations or acts of passing off were established on the evidence.

Jurisdiction
Australia
Judgment Date
10 February 1995
Procedural Posture
Civil / Final Judgment After Trial
Outcome
application dismissed
Legal Topics
['copyright Infringement' 'computer Programs' 'misleading or Deceptive Conduct' 'passing Off']
['copyright' 'trade Practices' 'passing Off'] ['copyright Infringement' 'computer Programs' 'misleading or Deceptive Conduct' 'passing Off']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether the respondents infringed copyright in the Telxon.Com computer program' 'Whether the respondents engaged in misleading or deceptive conduct contrary to the Trade Practices Act 1974' 'Whether the respondents engaged in passing off']

Ratio Decidendi

The applicants failed to prove that any contractual or other limitation was imposed on the respondents' use of Telxon.Com; the software was lawfully acquired without restriction, and the making of backup copies was legitimate under s 43A. No misleading representations or acts of passing off were established on the evidence.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' 'The question of costs is adjourned to 10.00am on Friday 24 February 1995.']