T R Flanagan Smash Repairs Pty Ltd v Jones [2000] FCA 625

T R Flanagan Smash Repairs Pty Ltd v Jones [2000] FCA 625

Copyright subsists in AQVD and AQPD as literary works because their compilation involved sufficient skill and labour, particularly in standardising terminology, coding, and arrangement. Jones infringed Auto-Quote's copyright by reproducing and publishing substantial parts of these works. Jones's advertisement falsely represented a connection between FoxQUOTE and Auto-Quote, which was likely to mislead or deceive in contravention of the Fair Trading Act.

Parties
First Applicant: T R Flanagan Smash Repairs Pty Ltd; Second Applicant: Auto-Quote Australia Pty Ltd; Respondent: Bruce Jones
Jurisdiction
Australia
Judgment Date
16 May 2000
Procedural Posture
Civil / Judgment After Hearing
Outcome
Application allowed. Relief granted to applicants. Counterclaims dismissed.
Legal Topics
Copyright in Compilations, Originality in Copyright, Misleading or Deceptive Conduct, Database Protection
Intellectual Property Trade Practices Copyright in Compilations Originality in Copyright Misleading or Deceptive Conduct Database Protection

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Parties

T R Flanagan Smash Repairs Pty Ltd

First Applicant

Auto-Quote Australia Pty Ltd

Second Applicant

Bruce Jones

Respondent

Procedural Posture

Civil / Judgment After Hearing

Legal Issues

  1. 1 Whether copyright subsists in the Auto-Quote Vehicle Directory and Auto-Quote Parts Database under the Copyright Act 1968 (Cth)
  2. 2 Whether the respondent infringed copyright by reproducing or publishing these databases
  3. 3 Whether the respondent engaged in misleading or deceptive conduct under s 42 Fair Trading Act 1987 (NSW) through advertisements representing a connection between FoxQUOTE and Auto-Quote

Ratio Decidendi

Copyright subsists in AQVD and AQPD as literary works because their compilation involved sufficient skill and labour, particularly in standardising terminology, coding, and arrangement. Jones infringed Auto-Quote's copyright by reproducing and publishing substantial parts of these works. Jones's advertisement falsely represented a connection between FoxQUOTE and Auto-Quote, which was likely to mislead or deceive in contravention of the Fair Trading Act.

Court Disposition

Application allowed. Relief granted to applicants. Counterclaims dismissed.

Orders

  • The respondent is restrained from reproducing or publishing the whole or a substantial part of the Auto-Quote Vehicle Directory or Parts Database.
  • The respondent must deliver up all copies of these works in his possession, custody, or power.