13 Jul 2007
YPG IP LIMITED & ANOR V YELLOW BOOK.COM.AU PTY LTD AND ORS HC AK CIV 2007-404-2839
- Citation
- openlaw-107c80eb_d042_4acf_8a07_39f1cab38474.pdf
- Court
- High Court
The Court held it has exclusive jurisdiction to determine claims based on New Zealand statutes and territorial rights; plaintiffs raised serious questions to be tried on copyright in the compilation/database, trade mark infringement and misleading or deceptive conduct, and damages would be inadequate while defendants could likely be compensated if wronged; balance of convenience favors plaintiffs; interlocutory injunctions restraining defendants from hosting or using the specified directories insofar as they reproduce the plaintiffs' ontology and database were granted pending judgment.
- Interim injunctions
- Ownership of copyright in databases
- Copyright infringement (compilation)
- Trade mark infringement - likelihood of confusion
- Misleading or deceptive conduct
- Jurisdiction and territoriality