AGL Energy Limited v Greenpeace Australia Pacific Limited

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

06/05/2021

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Transparency/disclosure

REVIEW TYPE

Judicial review

SUMMARY

COPYRIGHT – infringement – Copyright Act 1968 (Cth) s 36 – artistic work constituted by company logo – where subsistence of copyright not challenged – where agreed that a substantial part has been copied – whether the use of the artistic work in different forms of media amounts to a fair dealing for the purpose of parody or satire within s 41A of the Copyright Act – whether the use of the artistic work in different forms of media amounts to a fair dealing for the purpose of criticism or review within s 41 of the Copyright Act – infringement established in respect of some impugned uses – entitlement to additional damages

TRADE MARK - infringement – Trade Mark Act 1995 (Cth) s 120 – whether trade mark use of impugned mark – whether in relation to goods of the same description – infringement not established

CASE DOCUMENTS

AGL Energy Limited v Greenpeace Australia Pacific Limited [2021] FCA 625