Freefall Trading 211 (Pty) Limited t/a Property Trader v Proplink Publishing (Pty) Ltd (10491/05) [2005] ZAWCHC 87; 2005 BIP 367 (C) (29 November 2005)

Freefall Trading 211 (Pty) Limited t/a Property Trader v Proplink Publishing (Pty) Ltd (10491/05) [2005] ZAWCHC 87; 2005 BIP 367 (C) (29 November 2005)

The court found that the applicant failed to establish ownership of copyright in the advertising material, as estate agents commissioned and paid for the advertisements and tacitly retained ownership. Even if the applicant were the owner, the third respondent's creation of similar advertisements for the first respondent was an independent act, not infringement. Information regarding clients' requirements and distribution points was held to be public knowledge, not confidential, and thus not protectable under the confidentiality agreements. The restraint of trade agreement with the fourth respondent was found to be unreasonable and not serving a protectable interest, as the applicant's...

Citation
[2005] ZAWCHC 87
Parties
Applicant: Freefall Trading 211 (Pty) Limited t/a Property Trader; Respondent: Proplink Publishing (Pty) Ltd; Respondent: Renier Jansen van Vuuren; Respondent: Alvené Swanepoel; Respondent: Randall Weaver; Respondent: Mark Hurter
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 November 2005
Case Number
10491/05
Procedural Posture
Urgent Application / Final Interdict Application; Judgment Delivered After Hearing
Outcome
Application dismissed with costs.
Judges
B M Griesel
Legal Topics
Copyright Infringement, Confidential Information, Restraint of Trade, Unlawful Competition, Employment Contracts, Customer Connections
Commercial and Corporate Intellectual Property Delict Copyright Infringement Confidential Information Restraint of Trade Unlawful Competition Employment Contracts +1 more

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Parties

Freefall Trading 211 (Pty) Limited t/a Property Trader

Applicant

Proplink Publishing (Pty) Ltd

Respondent

Renier Jansen van Vuuren

Respondent

Alvené Swanepoel

Respondent

Randall Weaver

Respondent

Mark Hurter

Respondent

Procedural Posture

Urgent Application / Final Interdict Application; Judgment Delivered After Hearing

Legal Issues

  1. 1 Whether the applicant owns copyright in the designs, layouts, and templates of its magazine advertisements.
  2. 2 Whether the respondents infringed the applicant's copyright by reproducing or adapting its advertising material.
  3. 3 Whether information regarding clients' requirements and distribution points constitutes confidential information protectable by contract.

Ratio Decidendi

The court found that the applicant failed to establish ownership of copyright in the advertising material, as estate agents commissioned and paid for the advertisements and tacitly retained ownership. Even if the applicant were the owner, the third respondent's creation of similar advertisements for the first respondent was an independent act, not infringement. Information regarding clients' requirements and distribution points was held to be public knowledge, not confidential, and thus not protectable under the confidentiality agreements. The restraint of trade agreement with the fourth respondent was found to be unreasonable and not serving a protectable interest, as the applicant's...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.