Porter Davis Homes has been forced to take further action to protect its designs from copying by M3tricon Homes. Porter Davis won a landmark Federal Court case against M3tricon last year and now claims further copying has taken place.
“We are very disappointed and annoyed that despite the decision in the first proceeding, in which M3tricon was ordered to stop building these houses, M3tricon continues to sell and build essentially the same infringing house designs under other names,” Porter Davis’ Managing Director Anthony Roberts said.
“Porter Davis prides itself on its original designs and will continue to assert its rights when its designs are infringed.”
In 2005, Porter Davis Homes (Porter Davis) issued proceedings in the Federal Court against M3tricon alleging that M3tricon had infringed Porter Davis’s copyright in two of Porter Davis' very popular house designs.
In September 2007 Justice Gilmour of the Federal Court delivered his judgement. M3tricon was found to have infringed Porter Davis' copyright in its Seattle and Memphis house designs. M3tricon's infringement was held to extend to five of its home designs - the Prada, the Tyrell, the Streeton, the Connelly and the Coburn.
In his Judgement Justice Gilmour stated that M3tricon had ‘a corporate culture which accepted the copying of competitors’ designs’ and costs were awarded against M3tricon and its Managing Director and Product Development Manager. M3tricon has appealed and the Full Federal Court will hear the appeal on 19 and 20 February 2008.
Despite the findings of the Court, M3tricon continues to sell houses based on the same plans which were found to have infringed Porter Davis’ copyright. On Friday 1 February 2008, Porter Davis issued further proceedings alleging that the following M3tricon house plans infringe Porter Davis’ copyright: Linden 31, Aspen 31 and 36, Ashton 28 and 31, Montego 28, Zenith 31 and 33, Jardine 30 and 33 (with rumpus room added) and Aspen 28 (with rumpus room added).
“There is presently a Court injunction restraining the further sale and construction of M3tricon’s Prada, Tyrell, Streeton, Connelly and Coburn houses,” Middletons Intellectual Property partner Tony Watson said.
“Porter Davis has issued new proceedings alleging that 12 more of M3tricon’s current designs are infringing as they only make minor changes to the plans that were found to be infringing in the first proceeding”.
“If successful in the claims in the second proceeding M3tricon could be ordered to close the relevant display homes and cease selling these house designs and to pay substantial damages to Porter Davis.”
Porter Davis has also previously issued proceedings against Carlisle Homes Pty Ltd (Carlisle) and Dennis Family Homes Pty Ltd (Dennis) alleging copyright infringement in relation to similar claims. The Carlisle proceeding is awaiting judgment having been heard late last year and the case against Dennis has not yet been heard.
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http://www.middletons.com.au/news/news.asp?id=107