The Battle Of Project Home Designs Continues

The Federal Court recently dismissed a copyright infringement claim on the basis that it had not been established that direct or indirect copying of another's project home design had occurred. The case reveals the key to a successful defence to copyright infringement lay in providing documents showing the evolution of an idea and an independent creation process.

The case, Inform Design and Construction Pty Ltd v Boutique Homes Melbourne Pty Ltd [2008] FCA 912, follows on from a series of recent cases focusing on copyright infringement in the project home industry. However, unlike the previous cases where various claimants had been successful in relation to their copyright infringement claims, the defendant in the recent Inform case was able to provide a detailed trail of drafts showing the development of their project plans. In doing so, the defendant was able to thwart the allegation of copying the plans of its competitor.