Snap-On Africa (Pty) Ltd and Others v Joubert and Others (41993/2012C) [2015] ZAGPPHC 821; 2016 BIP 301 (GP) (7 December 2015)

Snap-On Africa (Pty) Ltd and Others v Joubert and Others (41993/2012C) [2015] ZAGPPHC 821; 2016 BIP 301 (GP) (7 December 2015)

The court found that the applicants established copyright in the software, camera software, database, and operations manual associated with the John Bean 3D Wheel Aligner. The works were original, created by qualified persons in the course of employment, and thus the applicants were the owners of the copyright. The respondents imported and sold Europa Wheel Aligners that unlawfully incorporated these copyrighted works, constituting infringement under the Copyright Act and rendering the goods counterfeit under the Counterfeit Goods Act. The applicants were entitled to interdicts restraining further infringement, delivery-up of infringing and counterfeit goods, and an enquiry into damages...

Citation
[2015] ZAGPPHC 821
Parties
Applicant: Snap-On Africa (Pty) Ltd; Applicant: Snap-On Inc.; Applicant: Snap-On Equipment Inc.; Applicant: Snap-On Equipment Europe Ltd; Respondent: Sean Joubert; Respondent: SO Equipment Gauteng North (Pty) Ltd; Respondent: Equipment Africa; Respondent: Integrated Marketing (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 December 2015
Case Number
41993/2012C
Procedural Posture
Main Application / Judgment on Merits of Main Application
Outcome
Application granted in favour of the applicants against the first to third respondents; relief as prayed in the notice of motion.
Judges
Mabuse
Legal Topics
Copyright Infringement, Counterfeit Goods Act, Originality of Works, Ownership of Copyright, Unlawful Competition
Intellectual Property Commercial and Corporate Copyright Infringement Counterfeit Goods Act Originality of Works Ownership of Copyright Unlawful Competition

Case Brief

Summary, issues, holding and outcome

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Parties

Snap-On Africa (Pty) Ltd

Applicant

Snap-On Inc.

Applicant

Snap-On Equipment Inc.

Applicant

Snap-On Equipment Europe Ltd

Applicant

Sean Joubert

Respondent

SO Equipment Gauteng North (Pty) Ltd

Respondent

Equipment Africa

Respondent

Integrated Marketing (Pty) Ltd

Respondent

Procedural Posture

Main Application / Judgment on Merits of Main Application

Legal Issues

  1. 1 Whether the applicants have established copyright in respect of their equipment.
  2. 2 Whether the respondents have knowingly infringed the applicants' copyright in the John Bean 3D Wheel Aligner.
  3. 3 Whether the goods delivered up are counterfeit goods under the Counterfeit Goods Act.

Ratio Decidendi

The court found that the applicants established copyright in the software, camera software, database, and operations manual associated with the John Bean 3D Wheel Aligner. The works were original, created by qualified persons in the course of employment, and thus the applicants were the owners of the copyright. The respondents imported and sold Europa Wheel Aligners that unlawfully incorporated these copyrighted works, constituting infringement under the Copyright Act and rendering the goods counterfeit under the Counterfeit Goods Act. The applicants were entitled to interdicts restraining further infringement, delivery-up of infringing and counterfeit goods, and an enquiry into damages...

Court Disposition

Application granted in favour of the applicants against the first to third respondents; relief as prayed in the notice of motion.

Orders

  • The respondents are interdicted and restrained from infringing the applicants' copyright in the aligner software, camera software, database, and operations manual.
  • The respondents must deliver up infringing copies of the aligner software, camera software, databases, and operations manuals to the applicants.