Weight Watchers International Inc. & Ors v Admax Promotions Pty Ltd [1987] FCA 678

Weight Watchers International Inc. & Ors v Admax Promotions Pty Ltd [1987] FCA 678

Given there is a serious question to be tried as to whether applicants or one of them own copyright in the recipes published in 'Successful Slimming', and the balance of convenience favours applicants due to the difficulty in quantifying their loss, interlocutory relief restraining further distribution is appropriate.

Parties
First Applicant: Weight Watchers International Inc; Second Applicant: Narich Pty Limited; Third Applicant: Ultra-Ten Limited; Applicant: Compass Publishing Co Pty Limited; First Respondent: Admax Promotions Pty Ltd; Second Respondent: Peter Nolan; Third Respondent: Mandy Nolan; Fourth Respondent: Gordon and Gotch Ltd; Fifth Respondent: Gloria Marshall Figure Salons of Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
05 November 1987
Procedural Posture
Application for Interlocutory Relief / Interlocutory Hearing and Orders
Outcome
Interlocutory injunction granted; applicants’ costs in the principal proceeding
Legal Topics
Copyright Infringement, Interlocutory Injunctions, Balance of Convenience
Intellectual Property Copyright Copyright Infringement Interlocutory Injunctions Balance of Convenience

Case Brief

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Parties

Weight Watchers International Inc

First Applicant

Narich Pty Limited

Second Applicant

Ultra-Ten Limited

Third Applicant

Compass Publishing Co Pty Limited

Applicant

Admax Promotions Pty Ltd

First Respondent

Peter Nolan

Second Respondent

Mandy Nolan

Third Respondent

Gordon and Gotch Ltd

Fourth Respondent

Gloria Marshall Figure Salons of Australia Pty Ltd

Fifth Respondent

Procedural Posture

Application for Interlocutory Relief / Interlocutory Hearing and Orders

Legal Issues

  1. 1 Whether applicants hold copyright in recipes reproduced in 'Successful Slimming' magazine
  2. 2 Whether further distribution of 'Successful Slimming' constitutes copyright infringement
  3. 3 Whether the balance of convenience favours granting interlocutory relief

Ratio Decidendi

Given there is a serious question to be tried as to whether applicants or one of them own copyright in the recipes published in 'Successful Slimming', and the balance of convenience favours applicants due to the difficulty in quantifying their loss, interlocutory relief restraining further distribution is appropriate.

Court Disposition

Interlocutory injunction granted; applicants’ costs in the principal proceeding

Orders

  • Respondents, their servants and agents, restrained from further distributing or permitting distribution of any copies of 'Successful Slimming' (exhibit A) until further order.
  • Fourth and fifth respondents (Gordon and Gotch Ltd; Gloria Marshall Figure Salons of Australia Pty Ltd) to recall and collect all copies of 'Successful Slimming' still under their control within seven days and store in a secure place notified to applicants’ solicitors.