Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bodum v Housewares International Limited [2007] FCA 44
COSTS – cross-claim for rectification of the Register of Designs – offers of compromise rejected – cross-respondents sought the Court's consent to the surrender of the designs – media release asserting design infringement and piracy was unreasonable – indemnity costs payable until media release qualified – costs otherwise follow the event – no costs payable after the cross-respondents informed the cross-claimant in an open letter of their intention to surrender the designs DESIGNS – "person aggrieved" – no allegation of design infringement pleaded – adoption of features of shape and configuration alleged to constitute passing off and contravention of ss 52 and 53 of the Trade Practices Act 1974 (Cth) – threat of design infringement made but later withdrawn – arguable that cross-claimant is a "person aggrieved" Designs Act 1906 (Cth) s 39 Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 cited Assa Abloy Australia Pty Ltd v Australian Lock Company Pty Ltd (2005) 147 FCR 126 applied Black v Lipovac (1998) 217 ALR 386 cited Hamod v New South Wales (2002) 188 ALR 659 cited Ritz Hotel Ltd v Charles of the Ritz Ltd (1988) 15 NSWLR 158 cited PETER BODUM A/S, BODUM (AUSTRALIA) PTY LIMIED (ACN 104 809 672) AND PI DESIGN AG v HOUSEWARES INTERNATIONAL LIMITED (ACN 086 933 431) NSD 619 OF 2005
BENNETT J
6 february 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 619 OF 2005
BETWEEN: PETER BODUM A/S
First Applicant / Second Cross-Respondent
BODUM (AUSTRALIA) PTY LIMITED (ACN 104 809 672)
Second Applicant / Third Cross-Respondent
PI DESIGN AG
Third Applicant / First Cross-Respondent
AND: HOUSEWARES INTERNATIONAL LIMITED
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