Archive | Designs

Amendments to Designs Act

The amendments to the Designs Act 2003 arising from the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 have come fully into force with effect from 10 March 2022. The amendments include a grace period which will enable a design application to be filed up to 12 months after the design is first […]

Trademark Lawyer Sydney – Federal Court – Design Appeal

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 (12 March 2021) Successful appeal by Key Logic from a decision of the Registrar of Designs revoking its design for a solar bollard. On 16 February 2015 Sun-Wizard filing a request under s63 for the Registrar to examine the registered design and, by […]

Trademark Lawyer Sydney – Federal Court – Copyright Infringement – tote bags

State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606 (6 November 2020) Unsuccessful action by State of Escape Accessories (SEA) alleging copyright infringement, misleading and deceptive conduct and passing off arising from the design, importation and sale by Ms Schwartz and her company, Chuchka Pty Ltd of 34 tote bags. Copyright SEA asserted […]

Trademark Lawyer-Federal Court- spare parts repair defence

GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd [2019] FCA 97 (11 February 2019) This is a very lengthy case which is of particular interest because it deals with the spare parts repair defence under s72 of the Designs Act 2003 (Cth) and highlights the difficulties confronting a registered design owner in […]

Trademark Lawyer-Federal Court-Design Infringement-Ceiling Fan

Hunter Pacific International Pty Ltd v Martec Pty Ltd [2016] FCA 796 (8 July 2016) This was a successful registered design infringement action by Hunter Pacific which will be welcomed by users of the design registration system. The registered design for a ceiling fan hub was registered under the Designs Act 2003 (the Act) from […]

Design Registration Australia – ACIP Review 2015

Review of the Designs System The Advisory Council on Intellectual Property (ACIP) has completed its review of the operation of the Designs Act 2003 and released its final report which can be viewed here. The report recognises the desirability of working toward greater harmonisation with international treaties and practice in design protection. Areas where the […]

Trademark Lawyers Australia – Full Federal Court – BlueScope Steel

BlueScope Steel Limited v Gram Engineering Pty Ltd [2014] FCAFC 107 (26 August 2014) The Full Court dismissed an appeal by Bluescope Steel and upheld the primary judge’s finding that it infringed Gram’s registered design. The primary judge was correct in his findings of fact and there was no material error in his application of […]