Optical 88 Limited v Optical 88 Limited: Copyright and Trade Marks

The copyright arguments of the appellant in the case of Optical 88 Limited v Optical 88 Pty Limited [2011] FCAFC 130 were yesterday turned down by the Full Court of the Federal Court.The appellant claimed that the respondent had reproduced a substantial part of the appellant’s logo and that this was a breach of both copyright and trademark laws.

The court did not accept this argument, upholding the ruling of the primary judge who “[did not] mix the question of visual similarity with that of reproduction of a substantial part of the appellant’s work”.

This decision involves a discussion of the copyright laws regarding reproduction of whole or substantial part of copyright work, and what constitutes these provisions in current law.

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