Artifakts Design Group Ltd v N P Rigg Ltd - [1993] 1 NZLR 196

Copyright — Infringement — Subsistence and ownership of copyright in diaries — Compilation of common features — Reproduction of substantial part of work — Whether copyright can subsist in drawings of common features — Whether subsequent diaries sufficiently original — Whether copyright subsists in samples — Whether defendants' diaries reproducing features of plaintiff's diary infringes copyright — Copyright Act 1962, ss 2, 7 and 9.

Commercial law — Fair Trading Act — Misleading or deceptive conduct — Claim by first defendant that diary was theirs — Whether truthful in a colloquial sense — False statements by first defendant that not intending to produce own diaries — False impression given that interested in buying plaintiff's business — Plaintiff losing opportunity to develop products and market — Whether conduct "in trade" - Whether conduct causative of loss — Fair Trading Act 1986, s 2(1).

Tort — Passing off — Plaintiff designed and produced pocket diaries distributed exclusively by the first defendant — Whether plaintiff had goodwill in the get-up — Whether copying by the defendants constitutes passing off.

Contract — Implied terms — Fiduciary duties — Plaintiff and first defendant parties to exclusive distribution agreement — Ordinary commercial transaction at arm's length — Whether defendants owe fiduciary duties — Implied term to use best endeavours to promote sale of plaintiff's goods — Defendants taking steps to set up in competition — Whether steps reasonable.