19 Dec 2016
HOYLE v TRANSPREAD INTERNATIONAL LIMITED [2016] NZHC 3120
- Citation
- [2016] NZHC 3120
- Court
- High Court
The Court found the first plaintiff (David Hoyle) authored the pleaded AutoCAD drawings and derived .dxf files, those works are original and protected by copyright, the defendant copied them (inference supported by objective similarity, access and implausible independent design) and reproduced a substantial part in both .dxf files and manufactured machines; Transpread as exclusive licensee has standing; injunction granted (limited by s75 to exclude relief for spreaders after 22 December 2017); defendant's counterclaims dismissed.