Woodtree Pty Ltd v Zheng [2007] FCA 1922
This dispute concerned copyright, passing-off and trade practices claims over packaging used for photo boxes. Riley FM in the Federal Magistrates Court dismissed all the appellant’s claims in the decisions of Woodtree Pty Ltd v Zheng [2007] FMCA 457. In a subsequent ruling her Honour awarded the respondents costs on an indemnity basis from 2 June 2006, the date of a Calderbank offer: Woodtree Pty Ltd v Zheng (No. 2) 2007] FMCA 989.
Heerey J refused to amend the appellant’s statement of claim to raise an allegation that its label was a “literary work”. According to Heerey J, the notion of compilation involves a collecting and putting together or arranging or organising of disparate data whereas the appellant’s label was simply a photograph and a description of an object.
However, Heerey J held that, whether or not the appellant had a prior reputation of any and what extent, by using the very similar get-up in the way these products were marketed the respondents were likely to mislead and deceive consumers into thinking that their products and the appellant’s products came from the same source.
Link to Woodtree Pty Ltd v Zheng [2007] FCA 1922