Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allen Manufacturing Company Pty Limited v McCallum & Co Pty Limited [2001] FCA 1838
INTELLECTUAL PROPERTY – Designs – Alleged infringement of registered design in respect of a door hinge – Whether accused hinge is an obvious imitation of registered design – Consideration of proper approach to that issue – Whether accused hinge is a fraudulent imitation of registered design – Appropriate test for fraudulent imitation – Personal liability of director of infringing company – Test to be applied. Designs Act 1906 ss 20, 23, 30, 39. ALLEN MANUFACTURING COMPANY PTY LIMITED, ALAN GEORGE HARPER v McCALLUM & CO PTY LIMITED N 958 of 2001 WILCOX, FRENCH and DOWSETT JJ 20 DECEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 958 of 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ALLEN MANUFACTURING COMPANY PTY LIMITED
FIRST APPELLANT
ALAN GEORGE HARPER
SECOND APPELLANT
AND: McCALLUM & CO PTY LIMITED
RESPONDENT
JUDGE: WILCOX, FRENCH and DOWSETT JJ
DATE OF ORDER: 20 DECEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants, Allen Manufacturing Company Pty Limited and Alan George Harper, pay the costs of the appeal incurred by the respondent, McCallum & Co Pty Limited. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 958 of 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ALLEN MANUFACTURING COMPANY PTY LIMITED
FIRST APPELLANT
ALAN GEORGE HARPER
SECOND APPELLANT
AND: McCALLUM & CO PTY LIMITED
RESPONDENT
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