Tonnex International has been found guilty of infringing the copyright of Dynamic Supplies in the Federal Court.
The two rival printer distributors first faced off in court over this consumer protection case in 2009.
“I am satisfied copyright subsists in the March 2008 CSV file and Dynamic Supplies is the owner of that copyright,” Presiding judge, Justice Yates, said in Court.
Tonnex is also in trouble over for misleading conduct in relation to some of its marketing campaigns which, according to Dynamic Supplies, contravenes the Trade Practices Act 1997.
“A number of contraventions pled have been made out,” Justice Yates said.
He ordered the judgement proceeding to stand over for a directions hearing to consider what steps are required to bring the matter to finalisation. This will include whether any relief should be granted.
Dynamic Supplies took Tonnex to court on claims it had breached the Trade Practices Act 1974 through misleading and deceptive conduct.
Dynamic Supplies was particularly concerned with Tonnex advertising its products as “100 per cent genuine OEM products” and Australia-made even though it had allegedly purchased some supplies off the grey market from companies overseas.
There were also accusations Tonnex violated the copyright of Dynamic Supplies in certain marketing material.
Tonnex had denied any misconduct on its OEM claims but conceded it had made mistakes advertising products as Australia-made. For the latter point, the company had already made an apology and necessary corrections.
Tonnex director, George Kozman, acknowledged the corrective email to Tonnex resellers was sparked by the letter from Dynamic Supplies. The time and date of the directions hearing has yet to be determined.