Norm Engineering v Digga Australia (No. 2)

FEDERAL COURT OF AUSTRALIA

Norm Engineering v Digga Australia (No. 2) [2007] FCA 860

INTELLECTUAL PROPERTY – consideration of the final form of orders to be made arising out of the judgment in Norm Engineering v Digga Australia [2007] FCA 761.

NORM ENGINEERING PTY LTD (ACN 010 799 943) v DIGGA AUSTRALIA PTY LTD (ACN 010 443 875)
QUD285 OF 2005

GREENWOOD J
25 MAY 2007
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD285 OF 2005

BETWEEN:	NORM ENGINEERING PTY LTD (ACN 010 799 943) Applicant
AND:	DIGGA AUSTRALIA PTY LTD (ACN 010 443 875) Respondent

JUDGE:	GREENWOOD J
DATE OF ORDER:	25 MAY 2007
WHERE MADE:	BRISBANE

THE COURT DECLARES THAT:-

the Respondent has infringed the Applicant’s copyright subsisting in:

(a)the Applicant’s drawings for an outside mounting bracket (Applicant’s Drawing No. BC 41 BC41-D016), an inside mounting bracket (Applicant’s Drawing No. BC 41 D016), and a front assembly (Applicant’s Drawing No. BC 41 A004) by making a two-dimensional reproduction of the drawings in the period from 2 December 2003 to 17 June 2004;

(b)the Applicant’s drawing for a pivot mechanism (Applicant’s Drawing No. BC 41 D015)) (“the Pivot Drawing”) by making a two-dimensional and three-dimensional reproduction of the Work from December 2003 to commencement of the trial in this proceedings (19 June 2006).

THE COURT ORDERS THAT:-

1.The Respondent whether by itself, its servants or agents or otherwise howsoever is restrained from infringing the copyright subsisting in the Applicant’s Pivot Drawing by reproducing or authorising the reproduction of the Pivot Drawing either in two-dimensional or three-dimensional form whether by reference to the Respondent’s first drawing of pivot arms for its pivot mechanism (being Respondent’s Drawing Nos. SSB-057 and SSB-067) or by reference to the Respondent’s October 2005 drawings (being Respondent’s Drawing No. BU-000014, BU-000015 and BU-0000166) or in any other means constituting a substantial reproduction of the Pivot Drawing.

2.On or before 15 June 2007 the Respondent deliver up to the Applicant copies of the Respondent’s drawings for its pivot mechanism as identified in Order 1.

3.The Respondent pay damages on or before 22 June 2007 to the Applicant pursuant to s 115(2) of the Copyright Act 1968 (Cth) as follows:

(a)an amount of $300.00 for infringement of the Applicant’s copyright in the drawings for the inside and outside mounting brackets and the front assembly drawing (as identified in Order 1(a) above) between 2 December 2003 and 17 June 2004;

(b)an amount of $61,223.00 for infringement of the Applicant’s copyright in the Pivot Drawing both in two-dimensional and three-dimensional form from 2 December 2003 to date.

4.On or before 22 June 2007 the Respondent pay damages to the Applicant pursuant to s 115(4) of the Copyright Act 1968 (Cth) in respect of the two dimensional and three-dimensional infringement of the Pivot Drawing by the Respondent in an amount of $19,450.00.

5.That issues of the costs of the proceedings and any order for payment of interest upon the damages awarded are reserved to be…