30 Nov 2006
The appeal was dismissed because Henkel's pleadings and the manner in which the case was tried did not permit reliance on the SuperAttak drawing or any drawing underlying SuperAttak; consequently Henkel could not advance that argument on appeal. Even on the merits (considered obiter), UltraBonder did not copy a substantial part of any SuperAttak drawing so as to infringe.
17 May 2006
The Court allowed the appeal and set aside the High Court judgment because Henkel failed to establish infringement of copyright in the Cipidue drawings or in any proved underlying drawings: the contested features were largely unoriginal or previously used by Holdfast, Henkel did not prove ownership of inferred intermediate drawings, the court must compare alleged copies with the specific copyrighted drawings (not general design concepts), and the undertaking did not extend to the Ultra Bonder packaging. Consequently there was no breach of copyright or of the undertaking.