Federal Court decision regarding book and television show titles

There has been a recent decision of the Australian Full Federal Court in relation to titles of television shows and books.
 
The issue related to whether Beyond Properties Pty Ltd (Beyond) (and other companies including Discovery, SBS and Foxtel) had engaged in misleading and deceptive conduct under section 52 of the Trade Practices Act 1974 (Cth) (TPA) or passing off in relation to the use of the name MYTHBUSTERS as the title for a television show and spin off books.
 
Mr Knight, an author who wrote, amongst others, three fictional children’s books ‘dealing with themes of fantasy’ whose title contains the name MYTHBUSTERS, commenced the action.
 
The Federal Court had earlier held that Beyond and the other companies had not breached the TPA or engaged in passing off in relation to the MYTHBUSTERS name. The court held:

• Mr Knight, did not have sufficient reputation among ‘members of the television viewing public’ in the name MYTHBUSTERS such that viewers would make the requisite connection between Mr Knight’s MYTHBUSTERS books and the MYTHBUSTERS television show
• the word MYTHBUSTERS is, to an extent at least, descriptive
• one of the relevant classes of people to make out the misdealing and deceptive claim was ordinary members of the television viewing public.

The full Federal Court, in a unanimous decision delivered on 19 November 2007, upheld the trial judge’s decision and dismissed Mr Knight’s appeal with costs.

For a copy of the full judgment click here.

For more information please contact

Name : Kristin Stammer
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