Review Australia Pty Ltd v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74

FEDERAL COURT OF AUSTRALIA

Review Australia Pty Ltd v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74

REGISTERED DESIGN – Infringement of design – Rival trader making and selling product in same market as product of registered owner – Whether owner suffered diminution of sales of own product – Whether owner's reputation for sale of original products affected – Quantum of damages to reflect dilution of reputation – Whether compensatory damages discretionary – Whether damages should be reduced by reason of owner's misleading representations in connection with sale of own product – Additional damages – Whether warranted by proof of copying – Whether warranted when rival trader on notice of registration of design. DAMAGES – Infringement of registered design – Quantum of damages to reflect dilution of reputation of registered owner – Whether compensatory damages discretionary – Whether damages should be reduced by reason of owner's misleading representations in connection with sale of own product – Additional damages – Whether warranted by proof of copying – Whether warranted when rival trader on notice of registration of design. Angelides v James Stedman Henderson's Sweets Ltd (1927) 40 CLR 43 Autodesk Australia Pty Ltd v Cheung (1990) 94 ALR 472 Ford v Foster (1872) LR 7 Ch App 611 Kettles & Gas Appliances Ltd v Anthony Hordern & Sons Ltd (1934) 35 SR (NSW) 108 MJA Scientifics International Pty Ltd v SC Johnson & Son Pty Ltd (1998) 43 IPR 275 Polygram Pty Ltd v Golden Editions Pty Ltd (1997) 76 FCR 565 Raben Footwear Pty Ltd v Polygram Records Inc (1997) 75 FCR 88 The Leather Cloth Company Ltd v The American Leather Cloth Company Ltd (1865) 11 HLC 523 Designs Act 2003 (Cth) REVIEW AUSTRALIA PTY LTD ACN 067 634 360 v INNOVATIVE LIFESTYLE INVESTMENTS PTY LTD ACN 107 012 260 AND CLOTHING OUTLETS PTY LTD ACN 056 273 851 VID 1028 OF 2006