Pokémon Company International, Inc. v Redbubble Ltd

The case of Pokémon Company International, Inc. v Redbubble Ltd involved a dispute over the alleged infringement of copyright in artistic works and the unauthorised reproduction of these works by the defendant, Redbubble Ltd. The plaintiff, Pokémon Company International, Inc. sought relief for the infringement of its copyright and for misleading and deceptive conduct under Australian consumer law. The court was tasked with determining whether Redbubble Ltd had infringed the plaintiff's copyright by reproducing and selling the copyrighted works without permission, and whether Redbubble Ltd had engaged in misleading and deceptive conduct by representing an affiliation with the plaintiff. The court also had to consider whether the reproduction of the copyrighted works constituted fair dealing under the fair use provisions of the Copyright Act.

The court found that Redbubble Ltd had indeed infringed the plaintiff's copyright by reproducing and selling the copyrighted works without authorisation. The court held that the reproduction was not covered by the fair dealing exception, as it was not for the purposes of research or study, criticism or review, or reporting news. The court also found that Redbubble Ltd had engaged in misleading and deceptive conduct by representing an affiliation with the plaintiff, which was not the case. The court relied on the provisions of the Copyright Act and the Australian Consumer Law to make these determinations.

The court awarded the plaintiff nominal damages of $1 and ordered Redbubble Ltd to pay 70% of the plaintiff's costs of the proceeding. The court also set out detailed orders for the assessment and determination of costs, including a schedule for the filing of costs summaries and responses, and a hearing to determine the amount of the lump sum costs. The court's decision provides guidance on the scope of copyright protection and the application of the fair dealing exception, as well as the requirements for establishing misleading and deceptive conduct under Australian consumer law.