LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 584

LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 584

Eagle Homes infringed LED's copyright by reproducing a substantial part of LED's floor plans in 97 plans, as the plans embodied the essential features of the copyright work, despite variations. However, in the absence of evidence of the appearance of built houses, no finding was made that the built houses themselves infringed copyright as three-dimensional reproductions. LED is entitled to an account of profits only on that portion (35%) of building profits attributable to the infringing plans, after deduction of overheads allocated on the revenue (absorption) basis. For plans held to infringe but not used to build houses, damages are to be assessed on a notional licence fee (2% of...

Parties
Applicant: LED Builders Pty Limited; Respondent: Eagle Homes Pty Limited
Jurisdiction
Australia
Judgment Date
07 May 1999
Procedural Posture
Copyright Infringement (civil) / Judgment on Pecuniary Relief Following Findings of Liability
Outcome
Judgment for the applicant; declarations granted; plans held to infringe; orders for account of profits (apportioned), damages for non-built plans, modest additional damages for those; interest ordered.
Legal Topics
Copyright Infringement, Floor Plans, Project Homes, Account of Profits, Damages, Measure of Damages, Overheads, Quantum, Apportionment, Statutory Interpretation
Intellectual Property Copyright Copyright Infringement Floor Plans Project Homes Account of Profits Damages Measure of Damages +4 more

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Parties

LED Builders Pty Limited

Applicant

Eagle Homes Pty Limited

Respondent

Procedural Posture

Copyright Infringement (civil) / Judgment on Pecuniary Relief Following Findings of Liability

Legal Issues

  1. 1 Whether disputed house plans reproduced a substantial part of applicant's drawings; whether houses built in accordance with infringing plans were three-dimensional reproductions; appropriate measure of account of profits; calculation and apportionment of profits; allowance for overheads; proper basis for overhead allocation; measure of damages for plans not built; entitlement to additional damages.

Ratio Decidendi

Eagle Homes infringed LED's copyright by reproducing a substantial part of LED's floor plans in 97 plans, as the plans embodied the essential features of the copyright work, despite variations. However, in the absence of evidence of the appearance of built houses, no finding was made that the built houses themselves infringed copyright as three-dimensional reproductions. LED is entitled to an account of profits only on that portion (35%) of building profits attributable to the infringing plans, after deduction of overheads allocated on the revenue (absorption) basis. For plans held to infringe but not used to build houses, damages are to be assessed on a notional licence fee (2% of...

Court Disposition

Judgment for the applicant; declarations granted; plans held to infringe; orders for account of profits (apportioned), damages for non-built plans, modest additional damages for those; interest ordered.

Orders

  • Proceedings stood over for orders on 21 May 1999, including costs.
  • Orders to be agreed between parties or submissions to be filed if no agreement.