Polyaire Pty Ltd v K-Aire Pty Ltd

[2005] HCA 32
Judgment date
Case number
A51/2004
Before
McHugh, Gummow, Hayne, Callinan, Heydon JJ
Catchwords

Intellectual property – Designs - Infringement of a registered design - Fraudulent imitation of a registered design - Where alleged infringing design sufficiently different not to be an obvious imitation - Whether fraudulent imitation requires that differences between alleged infringing design and registered design be attributable to dishonest disguise of the latter - Whether the application of a fraudulent imitation requires that alleged infringer applied design with knowledge of the existence of the registration and of absence of consent to its use, or with reason to suspect those matters.

Words and phrases "fraudulent".

Designs Act 1906 (Cth)
– s 30(1)(a).

Files
32.rtf (42.78 KB)
32.pdf (78.45 KB)