Federal Court of Australia
Federal Court of Australia
GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520 File numbers: NSD 169 of 2022
Judgment of: BURLEY J
Date of judgment: 9 May 2022
Catchwords: INTELLECTUAL PROPERTY – registered designs – threatened infringement of applicant's registered design for a microphone – consideration of factors relevant – consideration of the prior art base – whether respondent's product is substantially similar in overall impression to the registered design – infringement established
Legislation: Designs Act 1906 (Cth) Designs Act 2003 (Cth) ss 5, 7, 10, 15, 16, 19, 71
Cases cited: Dart Industries Inc v Décor Group Pty Ltd [1989] FCA 49; 15 IPR 403 Household Articles Ltd's Registered Design [1998] FSR 676 Hunter Pacific International Pty Ltd v Martec Pty Ltd [2016] FCA 796; 121 IPR 1 Keller v LED Technologies Pty Ltd [2010] FCAFC 55; 185 FCR 449 LED Technologies Pty Ltd v Elecspess Pty Ltd [2008] FCA 1941; 80 IPR 85 Multisteps Pty Ltd v Source and Sell Pty Ltd [2013] FCA 743, 214 FCR 323 Review 2 Pty Ltd v Redberry Enterprise Pty Ltd [2008] FCA 1588; 173 FCR 450
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 87
Date of hearing: 19 April 2022
Counsel for the Applicant: Mr A Lang SC with Mr R Clark
Solicitor for the Applicant: Clayton Utz
Counsel for the Respondent: Mr J Hennessy SC with Ms F St John
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