Dynamic Supplies Pty Limited v Tonnex International Pty Limited (No 2)

In the Federal Court of Australia, Dynamic Supplies Pty Limited, the applicant, brought proceedings against Tonnex International Pty Limited, the respondent, concerning copyright infringement and misleading representations in trade and commerce. The central dispute was whether Tonnex had infringed Dynamic's copyright in a compatibility chart for printer and computer consumables and whether Tonnex's representations regarding the genuineness, reliability, tax-free status, Australian-made status, and job protection of the products sold were misleading.

The legal issues before the court included the ownership of copyright in Dynamic's Compatibility Chart, the infringement of that copyright by Tonnex, and the misleading nature of several representations made by Tonnex regarding its products. The court had to determine whether these representations contravened the Trade Practices Act by being false, misleading, or deceptive. The court also needed to assess the validity of the copyright in Dynamic's Compatibility Chart and the scope of relief appropriate for its infringement.

The court found in favour of Dynamic on all counts. It declared that Dynamic was the owner of the copyright in its Compatibility Chart and that Tonnex had infringed this copyright by reproducing or authorising the reproduction of the chart without permission. The court ordered Tonnex to destroy all infringing documents and representations, remove them from its website, and cease using them in promotional materials. Additionally, the court found that several of Tonnex's representations were misleading and ordered their removal from Tonnex's website and promotional materials. The court granted Tonnex leave to appeal on the question of the subsistence of copyright in Dynamic's Compatibility Chart, staying certain orders until the appeal was resolved. The court reserved the question of costs and ordered the parties to relist the proceeding for further conduct directions to determine damages or an account of profits.