Macrae Knitting Mills Limited v Lowes Limited [1936] HCA 43

Macrae Knitting Mills Limited v Lowes Limited [1936] HCA 43

In a suit for infringement of a registered design under the Designs Act 1906-1934, the defendant may challenge the validity of the registration on grounds of lack of novelty or originality; the court found the appellant's swimming costume design was not new or original but a mere trade variation, and therefore not registrable or infringed.

Parties
Appellant; Plaintiff: Macrae Knitting Mills Limited; Respondent; Defendant: Lowes Limited
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales
Outcome
appeal dismissed with costs
Legal Topics
Design Registration, Validity of Registered Designs, Design Infringement, Want of Novelty
Intellectual Property Design Law Design Registration Validity of Registered Designs Design Infringement Want of Novelty

Case Brief

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Parties

Macrae Knitting Mills Limited

Appellant; Plaintiff

Lowes Limited

Respondent; Defendant

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether in an action for infringement of a registered design, the defendant may raise the defence that the registration is invalid for want of novelty.
  2. 2 Whether the appellant’s swimming costume design is 'new or original' for the purposes of the Designs Act 1906-1934.
  3. 3 Whether the design relied upon by the plaintiff has been infringed by the defendant.

Ratio Decidendi

In a suit for infringement of a registered design under the Designs Act 1906-1934, the defendant may challenge the validity of the registration on grounds of lack of novelty or originality; the court found the appellant's swimming costume design was not new or original but a mere trade variation, and therefore not registrable or infringed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed.