Nominet UK v Diverse Internet Pty Ltd [2004] FCA 1244

Nominet UK v Diverse Internet Pty Ltd [2004] FCA 1244

Mr Norrish infringed Nominet UK's copyright in the database and WHOIS database by authorising the infringing acts of an employee of Diverse Internet; he was knowingly concerned in, and thus accessorially liable for, misleading or deceptive conduct by (UK) Internet Registry; however, prohibition on asserting a right to payment for unsolicited services does not apply to unprovided services.

Jurisdiction
Australia
Judgment Date
22 September 2004
Procedural Posture
Intellectual Property and Trade Practices Civil Claim / Judgment After Trial and Settlement With Some Respondents; Final Determination on Liability of Third Respondent
Outcome
Judgment for Applicant against third respondent; injunctions and declarations granted; damages (including possible account of profits) and interest to be assessed.
Legal Topics
['copyright Infringement' 'authorisation of Infringement' 'database Protection' 'misleading or Deceptive Conduct' 'false Representations' 'accessorial Liability']
['intellectual Property' 'trade Practices' 'fair Trading' 'copyright'] ['copyright Infringement' 'authorisation of Infringement' 'database Protection' 'misleading or Deceptive Conduct' 'false Representations' 'accessorial Liability']

Case Brief

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Procedural Posture

Intellectual Property and Trade Practices Civil Claim / Judgment After Trial and Settlement With Some Respondents; Final Determination on Liability of Third Respondent

Legal Issues

  1. 1 ["Whether the third respondent, Mr Norrish, infringed Nominet UK's copyright by authorising infringing acts; whether Mr Norrish was knowingly concerned in contraventions of Fair Trading Act by (UK) Internet Registry; whether the UKIR Notices conveyed false/misleading representations including assertions of rights to payment for unsolicited services"]

Ratio Decidendi

Mr Norrish infringed Nominet UK's copyright in the database and WHOIS database by authorising the infringing acts of an employee of Diverse Internet; he was knowingly concerned in, and thus accessorially liable for, misleading or deceptive conduct by (UK) Internet Registry; however, prohibition on asserting a right to payment for unsolicited services does not apply to unprovided services.

Court Disposition

Judgment for Applicant against third respondent; injunctions and declarations granted; damages (including possible account of profits) and interest to be assessed.

Orders

  • ["Declaration that third respondent infringed applicant's copyright in the databases" 'Declaration that third respondent knowingly concerned in contraventions by fifth respondent of Fair Trading Act 1987 (WA)' 'Injunctions restraining third respondent from further infringing acts and misleading conduct' "Order for...