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Thompson & Morgan (United Kingdom) Ltd & Defender Ltd v Erica Vale Australia Pty Ltd
Judgment date: 19/04/1995
Court: FCA
Judge: Lockhard, Gummow and Hill JJ
Citation:
(1995) 31 IPR 335;
(1995) AIPC 91-133;
Catchwords: Damages; Assessment; Mitigation of loss; Whether further loss occurred;
Intellectual property; Copyright; Licences; Licence incidental to and co-terminus with distributorship agreement;
Courts and judicial system; Jurisdiction; Appeal to Federal Court from State Supreme Court; Federal jurisdiction;
Contract; Terms and conditions; Contract never reduced to writing; Respondent distributor of appellant's seeds in Brisbane;