Hunter Pacific International Pty Ltd v Martec Pty Ltd [2016] FCA 796

Hunter Pacific International Pty Ltd v Martec Pty Ltd [2016] FCA 796

The Martec Razor is substantially similar in overall impression to the registered design for a ceiling fan hub, as significant and eye-catching similarities outweigh the differences, which are insufficient to displace substantial similarity; infringement is established.

Parties
Applicant: Hunter Pacific International Pty Ltd; Respondent: Martec Pty Ltd
Jurisdiction
Australia
Judgment Date
08 July 2016
Procedural Posture
Intellectual Property/designs Infringement / Judgment Following Hearing on Infringement—orders as to Further Relief to Be Fixed
Outcome
Registered design infringed; judgment in favour of applicant.
Legal Topics
Designs Infringement, Substantial Similarity in Overall Impression, Registered Designs, Expert Evidence, Ceiling Fan Hub Designs
Intellectual Property Designs Infringement Substantial Similarity in Overall Impression Registered Designs Expert Evidence Ceiling Fan Hub Designs

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Parties

Hunter Pacific International Pty Ltd

Applicant

Martec Pty Ltd

Respondent

Procedural Posture

Intellectual Property/designs Infringement / Judgment Following Hearing on Infringement—orders as to Further Relief to Be Fixed

Legal Issues

  1. 1 Whether the respondent's product infringes the applicant's registered design by embodying a design substantially similar in overall impression
  2. 2 Assessment of substantial similarity between competing ceiling fan hub designs

Ratio Decidendi

The Martec Razor is substantially similar in overall impression to the registered design for a ceiling fan hub, as significant and eye-catching similarities outweigh the differences, which are insufficient to displace substantial similarity; infringement is established.

Court Disposition

Registered design infringed; judgment in favour of applicant.

Orders

  • Applicant to file and serve draft minute of proposed orders within 7 days and notify respondent whether it proposes to pursue claim for pecuniary relief.
  • Proceeding stood over to a date to be fixed for making further orders.