Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208

Federal Court of Australia

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 File number(s): QUD 607 of 2017

Judgment of: GREENWOOD J

Date of judgment: 12 March 2021

Catchwords: INTELLECTUAL PROPERTY – consideration of an appeal from the delegate of the Registrar of Designs revoking the registration of a design for application to a product called a "solar bollard" – consideration of whether the Registered Design lacked newness and distinctiveness having regard to the prior art base – consideration of whether the publication of emails to a group or cohort described as the Certified Installer Network amounted to a publication of the visual features of the design – consideration of whether members of the cohort fell under an obligation of confidence such that any publication of the visual features of the design to that group was not a publication of the design

Legislation: Designs Act 2003 (Cth), ss 5, 6, 7, 8, 15, 16, 19, 65 and 68

Cases cited: Ansell Rubber Co Pty Ltd v Allied Rubber Industries Pty Ltd [1967] VR 37 Australian Medic-Care Co Ltd (a company incorporated in Hong Kong) v Hamilton Pharmaceutical Pty Ltd (2009) 261 ALR 501 Coco v AN Clark (Engineers) Ltd [1969] 86 RPC 41 Key Logic Pty Ltd and Another v Blue Groper Investments Pty Ltd and Others (2019) 367 ALR 507 LED Technologies Pty Ltd v Roadvision Pty Ltd and Another (2012) 199 FCR 204 Review 2 Pty Ltd (in liq) and Another v Redberry Enterprise Pty Ltd (2008) 173 FCR 450 Saltman Engineering Co Ltd and Others v Campbell Engineering Co Ltd (1948) 65 RPC 203 RLA Polymers Pty Ltd v Nexus Adhesives Pty Ltd and Others (2011) 280 ALR 125