UK-based Omega Foundry Machinery has won a lengthy legal battle in the South African courts against Lauds Foundry Equipment (Pty) Ltd.
The ruling that was made in the Supreme Court of Appeal of South Africa by the Honourable Justice Navasa and Schippers JJA on the 14th December 2018 states that; “The application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard.”
Omega Foundry Machinery began the proceedings against Lauds Foundry Equipment (Pty) Ltd in 2015 when it alleged that the company’s copyright had been infringed by Lauds Foundry Equipment (Pty) Ltd, and before Omega Foundry Machinery had signed a joint venture merger agreement with another South African company.
Omega Foundry Machinery won its original case against Lauds Foundry Equipment (Pty) Ltd and the subsequent appeal cases in other courts of South Africa by Lauds Foundry Equipment (Pty) Ltd.
“This ruling is very significant in that not only does it protect our copyright it also proves that the South African judicial system is very sound,” said Mark Fenyes, Chairman of Omega Sinto Foundry Machinery Ltd.
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The publishers of Castings SA therefore offered Lauds Foundry Equipment (Pty) Ltd a right of reply in view of the court ruling and a subsequent statement issued by Janusz F. Luterek for: Hahn & Hahn Inc, Intellectual Property Practitioners, after the court ruling, on behalf of Omega Foundry Machinery.
Statement by Janusz F. Luterek for: Hahn & Hahn Inc,
Intellectual Property Practitioners, after the court ruling,
on behalf of Omega Foundry Machinery:
SUPREME COURT OF APPEAL CONFIRMATION OF HIGH COURT FINDING OF INFRINGEMENT OF COPYRIGHT IN FOUNDRY EQUIPMENT MATERIALS PROPRIETARY TO OMEGA FOUNDRY MACHINERY LTD BY LAUDS FOUNDRY EQUIPMENT (PTY) LTD
On 19 December 2018 after a lengthy litigation process the Supreme Court of Appeal dismissed the Petition for Leave to Appeal by Lauds Foundry Equipment (Pty) Ltd of the Ruling of the High Court of the Northern Provinces that it had infringed the copyright of Omega Foundry Machinery Ltd.
The 31 March 2016 High Court Ruling ordered Lauds Foundry Equipment (Pty) Ltd to cease all infringement of Omega’s copyright, to cease all unlawful competition with Omega, delivery up for destruction all copies of the original work and/or the offending work, delivery up of all infringing spare parts or other equipment, which is being manufactured or has been manufactured in accordance with the Omega’s proprietary material and copyright, together with all marketing and advertising materials in respect thereof, an enquiry as to damages suffered by Omega as a result of the infringement as aforesaid and payment by Lauds of the amount of damages found to have been so suffered, and costs of the Court case.
It is clear that Lauds Foundry Equipment (Pty) Ltd has infringed the copyright of Omega and had unlawfully competed with Omega as a result and has been ordered to cease these activities, deliver up for destruction all infringing materials and materials used for unlawfully competing with Omega, and to pay Omega damages and costs of the court case.
Accordingly, Lauds Foundry Equipment (Pty) Ltd is also interdicted from offering for sale, manufacturing or otherwise dealing with any infringing spare parts or other equipment, which is being manufactured or has been manufactured in accordance with Omega’s proprietary material and copyright. The interdict extends to distribution of any and all marketing and advertising materials in respect thereof.
We thus call on you not to invite tenders from or accept tenders or quotations from Lauds Foundry Machinery (Pty) Ltd for any equipment or spares which are the same or similar to Omega’s equipment and to inform us of any approaches by them to tender or quote thereon, or distribution of any marketing and advertising materials. We attach our brochure which depicts the specific equipment to which the above refers.
We trust that as this matter has now been to litigated through to the Supreme Court of Appeals that you will assist in preventing any unlawful use of Omega’s Intellectual Property in accordance with the Court Order (a copy of which is attached).
