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High Court Wellington
16, 17, 18, 19, 20 May; 20, 21, 22, 23, 24 June; 8 July 1994
Tipping J
16, 17, 18, 19, 20 May; 20, 21, 22, 23, 24 June; 8 July 1994
Tipping J
Copyright — Infringement — Artistic work — Model — Handknitted garments — Prototype garment made of same material as finished product — Whether prototype an artistic work — Copyright Act 1962, s 2.
Copyright — Infringement — Artistic work — Work of artistic craftsmanship — Handknitted garments designed and knitted by different persons — Whether work of artistic craftsmanship — Whether different persons can create one work of artistic craftsmanship — Copyright Act 1962, s 2.
Copyright — Infringement — Copying — Handknitted garments — Whether sufficient objective similarity to suggest copying — Whether defendant showing sufficient independent skill, effort and labour to claim originality in own garments — Copyright Act 1962.
Commercial law — Fair Trading Act — Misleading and deceptive conduct — Whether misrepresentation to section of public — Whether real risk of misleading or deception of section of public — Fair Trading Act 1986, s 9.