FINDA LIMITED AND ANOR V IMAGE MARKETING GROUP LIMITED AND ANOR HC AK CIV 2009-404-7658

FINDA LIMITED AND ANOR V IMAGE MARKETING GROUP LIMITED AND ANOR HC AK CIV 2009-404-7658

On the evidence, which was uncontradicted, the plaintiffs demonstrated a sufficient prima facie case of copyright infringement to justify orders A, B and D (modified to specify 'NZ Data Database Version 3.0'); mandatory cancellation of licences affecting third parties was adjourned pending appropriate notice and particulars; the first defendant must provide full particulars of all licences and any sales; costs awarded to plaintiffs (2C and 2B scales).

Citation
openlaw-0277318f_7379_4ace_80a5_f2332688e991.pdf
Parties
First Plaintiff: FINDA LIMITED; Second Plaintiff: YELLOW PAGES GROUP LIMITED; First Defendant: IMAGE MARKETING GROUP LIMITED; Second Defendant: ONLINE BUSINESS DIRECTORY (NZ) LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 December 2009
Procedural Posture
Copyright Infringement Interim Injunction / Interim Injunction Hearing (oral Judgment)
Outcome
Interim injunction orders A, B and D granted (with database described as 'NZ Data Database Version 3.0'); mandatory cancellation order C adjourned; disclosure orders for licences and sales granted; costs awarded to plaintiffs.
Legal Topics
Interim Injunction, Database Copying, Disclosure of Licences, Costs
Intellectual Property Copyright Civil Procedure Interim Injunction Database Copying Disclosure of Licences Costs

Case Brief

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Parties

FINDA LIMITED

First Plaintiff

YELLOW PAGES GROUP LIMITED

Second Plaintiff

IMAGE MARKETING GROUP LIMITED

First Defendant

ONLINE BUSINESS DIRECTORY (NZ) LIMITED

Second Defendant

Procedural Posture

Copyright Infringement Interim Injunction / Interim Injunction Hearing (oral Judgment)

Legal Issues

  1. 1 Whether there is a prima facie case of copyright infringement in respect of business directories/databases
  2. 2 Whether interim injunctions (including mandatory relief) should be granted
  3. 3 Whether the court should order disclosure of licence and sale particulars by the defendant

Ratio Decidendi

On the evidence, which was uncontradicted, the plaintiffs demonstrated a sufficient prima facie case of copyright infringement to justify orders A, B and D (modified to specify 'NZ Data Database Version 3.0'); mandatory cancellation of licences affecting third parties was adjourned pending appropriate notice and particulars; the first defendant must provide full particulars of all licences and any sales; costs awarded to plaintiffs (2C and 2B scales).

Court Disposition

Interim injunction orders A, B and D granted (with database described as 'NZ Data Database Version 3.0'); mandatory cancellation order C adjourned; disclosure orders for licences and sales granted; costs awarded to plaintiffs.

Orders

  • Orders A, B and D granted with wording amended to read 'NZ Data Database Version 3.0'.
  • First defendant ordered forthwith to provide plaintiffs full particulars of all licences granted including full names of licensees, addresses and contact particulars, date each licence was granted, and a copy of each licence.