Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd [2005] FCA 1297

Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd [2005] FCA 1297

Registered Design No. 115996 (door panel stile) and Registered Design No. 123036 (flush mirror stile) are valid as each possessed sufficient distinctiveness over prior art and were not shown to differ only in immaterial details or features commonly used in the trade; both are infringed by the respondent's respective...

Source-derived case information.

Parties
Applicant: Dias Aluminium Products Pty Ltd; Respondent: Ullrich Aluminium Pty Ltd; Cross Claimant: Ullrich Aluminium Pty Ltd; Cross Respondent: Dias Aluminium Products Pty Ltd
Jurisdiction
Australia
Judgment Date
14 September 2005
Procedural Posture
Intellectual Property/infringement and Validity Proceeding / Court Judgment After Trial
Outcome
Registered Design No. 115996 (door panel stile) valid and infringed. Registered Design No. 123036 (flush mirror stile) valid and infringed. Registered Design No. 116380 (door return jamb) invalid. Registered Design No. 117096 (tracking device) not infringed. Orders as to relief and costs reserved for further...
Legal Topics
Registered Designs, Design Infringement, Novelty and Originality, Prior Art, Admissibility of Evidence
Intellectual Property Law Registered Designs Design Infringement Novelty and Originality Prior Art Admissibility of Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 43 Party arguments 2
Sign in to unlock

Parties

Dias Aluminium Products Pty Ltd

Applicant

Ullrich Aluminium Pty Ltd

Respondent

Ullrich Aluminium Pty Ltd

Cross Claimant

Dias Aluminium Products Pty Ltd

Cross Respondent

Procedural Posture

Intellectual Property/infringement and Validity Proceeding / Court Judgment After Trial

Legal Issues

  1. 1 Whether the registered designs are invalid for lack of novelty or originality under prior art or as not distinctive over fundamental form;
  2. 2 Whether the registered designs are novel or original;
  3. 3 Whether the registered designs are infringed by the respondent's articles;

Ratio Decidendi

Registered Design No. 115996 (door panel stile) and Registered Design No. 123036 (flush mirror stile) are valid as each possessed sufficient distinctiveness over prior art and were not shown to differ only in immaterial details or features commonly used in the trade; both are infringed by the respondent's respective products as obvious imitations. Registered Design No. 116380 (door return jamb) is invalid as it differed from the closest prior art only in immaterial details. Registered Design No. 117096 (tracking device) is not infringed because the respondent's product lacks a visually crucial feature (the leg/foot extension), so is not an imitation. Evidence of prior publication/prior...

Court Disposition

Registered Design No. 115996 (door panel stile) valid and infringed. Registered Design No. 123036 (flush mirror stile) valid and infringed. Registered Design No. 116380 (door return jamb) invalid. Registered Design No. 117096 (tracking device) not infringed. Orders as to relief and costs reserved for further...

Orders

  • On or before 23 September 2005, the parties file and serve submissions concerning orders to give effect to the reasons for judgment delivered today, including as to costs.
  • The proceeding be adjourned to a date to be fixed.