BALDWINS • FoodLegal

Australian Lawyers and Consultants

Copy of Design

March 2000

A retailer commissioned Company Z to design products that the retailer then bought from Company Z on a regular basis. Orders from the retailer suddenly dropped off. It transpired on investigation by Company Z that the retailer had replicated the product design and had another manufacturer produce an identical product. Company Z had never entered into an exclusive supply arrangement but nevertheless could demonstrate originality in the product and accordingly copyright in the product designs. Since Company Z had never assigned copyright to the retailer, Company Z could pursue a claim for damages and loss of profits. The preferable future solution was preparation of fresh trading terms for Company Z, to prevent a recurrence.

For further information, contact Joe Lederman at BALDWINS, Australian Lawyers & Consultants.

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