Notwithstanding, Spotlight’s innocent infringement defence, the Court held that once Spotlight was aware of Dempsey’s copyright, any conduct thereafter constituted copyright infringement which in this case was after 2 December 2016. On or around 30 November 2016, Dempsey made initial contact with Spotlight regarding its claims of copyright infringement. The Dempsey Products and Spotlight Products are depicted below. Justice Davies rejected this figure, finding an 80% reduction was appropriate in circumstances where: Justice Davies accepted that some damage to reputation was suffered by the Bed Bath N’ Table business and the Morgan & Finch brand, particularly as there was a loss of exclusivity in the designs once they appeared in the inferior quality Spotlight Products.
devaluation of copyright in the Dempsey Works. The recent case of Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 provides a useful guide in relation to copyright infringement including the … All Rights Reserved. In 2017, Dempsey Group commenced court proceedings against Spotlight for copyright infringement of three artistic works, the “Bosphorus”, “Rimona” and “Constantinople”, which it applied to quilt cover and pillow sets (Dempsey Works). On 2 December 2016 Dempsey provided evidence of its ownership of the Dempsey Works to Spotlight in support of its claim of infringement. Dempsey claimed that the Spotlight Products reproduced a substantial part of each of the Dempsey Works. (1) The Dempsey Group Pty Ltd v Spotlight Pty Ltd FCA 2016, 18 December 2018, Federal Court of Australia, Davies J. However, where a business does not have a well-established relationship with the foreign entity, it should ask questions and conduct further investigations as to the source of ownership to avoid any potential claims of copyright infringement. This update does not constitute legal advice and should not be relied upon as such. The recent case of Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 provides a useful guide in relation to copyright infringement including the limitation to damages in light of innocent infringement. We also collect anonymised analytics data. However, Dempsey failed to adduce evidence to substantiate its claims for $100,000 and the Court held that it would limit damages awarded to $10,000. Substantially lower damages to be awarded to the Dempsey Group.
Dempsey Group alleged that Spotlight instructed Yantai to make new products based on the Dempsey Works after seeing them in the Yantai showroom, despite Yantai telling the Spotlight buyer that Dempsey Group owned the copyright. The dispute involved artistic works comprising surface designs by Dempsey (Dempsey Works) of three quilt cover and pillow sets sold in Australia under the product names “Bosphorus”, “Rimona” and “Constantinople” (the Dempsey Products). Spotlight denied the allegation, arguing that the infringement resulted from Yantai’s careless or opportunistic conduct, rather than any wrongdoing on Spotlight’s behalf.
It alleged that Spotlight’s “KOO Remy”, “KOO Jarvis” and “KOO Taj” quilt cover and pillow sets (Spotlight Products) were a substantial reproduction of the Dempsey Works, as depicted below. Her Honour noted that “it is unnecessary that the two works bear an overall resemblance to each other nor is it appropriate to dissect the copyright work piecemeal and focus on the differences. The Court limited the term and portion of damages that Dempsey could recover for loss of profits to the sale of the Spotlight Products from 2 December 2016 onwards.
The recent decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 on what constitutes the reproduction of a substantial part of a copyright work offers a timely reminder for Australian textile merchants on how best to thread the needle when purchasing designs from third-party manufacturers. Prior to 2 December 2016, Justice Davies said Spotlight was entitled to rely on Yantai to notify it if there was a copyright concern. selling the Spotlight Products in Australia. The Court considered the objective and subjective limbs of the defence of innocent infringement under section 115(3) of the Act with respect to damages. All agreements should be supported by warranties and indemnities in favour of the purchaser/retailer around intellectual property ownership and protection. By clicking Accept, you acknowledge you are happy to continue on our site with analytics cookies enabled: We have real-world experience across science, engineering, legal, defence, telecommunications, ICT, electronics, computing and finance. By entering our site, you acknowledge you have read and accept our Privacy Policy and Disclaimer and are happy to continue on our site with these functional cookies enabled. Justice Davies preferred Spotlight’s account for reasons which included Spotlight’s past conduct in cancelling orders where copyright concerns had been raised. Subscribe to HWL Ebsworth Publications and Events. Both Dempsey, through its subsidiary Domestic Textile Corporation Ltd, and Spotlight engaged the same commissioner-manufacturer located in China, Yantai Pacific Home Fashions (Yantai), to produce the products in question. The effect of this argument was to “stretch” the definition of copyright to protect the idea of the works, instead of the particular form of expression. Justice Davies found that Spotlight did not deliberately copy the Dempsey Works and it could be inferred that Yantai failed to inform Spotlight of Dempsey’s copyright. It followed that the companies operated in different markets; Dempsey Group’s products were twice as expensive and this was a relevant consideration for consumers; Dempsey Group did not provide any evidence that sales of the Spotlight Products impacted its sales; and.
Monster House Age Rating, Marion, Va Restaurants, Synthesis Of Benzil From Benzoin Pdf, Cake Masters Magazine Discount Code, Mary Phillips Makeup, La Collection Sale, Water Velocity In Pipe Chart, Nancy Hixt Podcast, Assassin's Creed Rogue Pc Requirements, Xanthan Gum Reaction Celiac, Emergency Vet Near Me, Teghra Vidhan Sabha 2020, Meters Per Second Abbreviation, Hong Leong Malaysia Share Price, Vampire Makeup Easy, Berlin Syndrome Spoiler Alert, How To Calculate Annual Leave Payment In Malaysia, Hero 2002 Watch Online, Miles To Yards, Frozen Blueberry Recall, Cbc Peterborough Frequency, Beat Dyslexia Intervention, Ree Drummond Adoption, Christian Laettner Number, Full Count Movie True Story, French Lieutenant's Woman Netflix, Grapefruit Loaf Cake, Wikipedia The Green Room Film, Gaming Sponsorships Applications, Avocado Salmon Toast Egg, Land O Lakes Half And Half, Celtic Twilight Definition, Cia Ghost Unit, Cwa Sponge Cake Recipe, Double Bed Headboard Design, Alicehttps Auth Aliceapp Com Login Staff, Food Preference Synonym, Immatriculation Voiture Allemande, Bond Interiors Salary, Tillamook Ice Cream Adventure, Extra Dry Gin Meaning, Korinthia Assassin's Creed Cultist Clue, Entertainment Public Relations Definition, Dhangar Population In Maharashtra, Catch And Release Definition, Ig Share Certificate, Japan Crime Rate 2019, How To Use Metatrader 4 On Android, Jean De La Fontaine Poems, Gordon Welchman Documentary, Jr Shaw Wife, Eevee - Blender, Cfa Scholarship For June 2021, Twin Over Full Metal Bunk Bed Assembly Instructions Pdf, Gfs Pork And Beans, Aj Bell Moderately Cautious Fund, Mad Max Grandrise Minefields, Power A Enhanced Controller Mic Not Working, Futures Trading Robot Automated, Cream Cheese Pound Cake Cupcakes, Biggles Comics Pdf,
Leave a Reply