LED Technologies Pty Ltd v Elecspess Pty Ltd (No 2) [2009] FCA 141

LED Technologies Pty Ltd v Elecspess Pty Ltd (No 2) [2009] FCA 141

The First to Fourth, Sixth, and Seventh Respondents infringed the Applicant's registered Australian Designs Nos. 302359 and 302360 and are liable to the Applicant, including as joint tortfeasors. The Applicant is to be awarded $200,000 in damages jointly and severally against these Respondents, with an injunction restraining future infringement. Applicant's TPA claims fail; Cross-claims for revocation of the designs and further TPA relief also fail. Costs are apportioned as set out in the orders.

Parties
Applicant: LED Technologies Pty Ltd (ACN 100 887 474); First Respondent: Elecspess Pty Ltd (ACN 104 535 597); Second Respondent: Advanced Automotive Australia Pty Ltd (ACN 005 955 948); Third Respondent: REN International Pty Ltd (ACN 115 026 438); Fourth Respondent: Olsen Industries Pty Ltd (ACN 098 385 730); Fifth Respondent: Peter Owen Morrison; Sixth Respondent: Anthony James Keller; Seventh Respondent: Lawrence Alfred Armstrong; Cross Respondent: Anthony Ottobre
Jurisdiction
Australia
Judgment Date
24 February 2009
Procedural Posture
Intellectual Property/designs and Cross Claim for Revocation / Final Orders After Trial and Reserved Judgment
Outcome
Declarations and orders granted substantially as sought by Applicant on designs claims; Applicant's TPA claims dismissed; Cross-claims dismissed; costs and damages apportioned as specified in orders.
Legal Topics
Designs Infringement, Registered Designs, Injunctions, Damages, Costs, Trade Practices Act—misleading and Deceptive Conduct, Revocation of Design, Procedural Orders / Amendments
Intellectual Property Competition and Consumer Law Designs Infringement Registered Designs Injunctions Damages Costs Trade Practices Act—misleading and Deceptive Conduct +2 more

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Parties

LED Technologies Pty Ltd (ACN 100 887 474)

Applicant

Elecspess Pty Ltd (ACN 104 535 597)

First Respondent

Advanced Automotive Australia Pty Ltd (ACN 005 955 948)

Second Respondent

REN International Pty Ltd (ACN 115 026 438)

Third Respondent

Olsen Industries Pty Ltd (ACN 098 385 730)

Fourth Respondent

Peter Owen Morrison

Fifth Respondent

Anthony James Keller

Sixth Respondent

Lawrence Alfred Armstrong

Seventh Respondent

Anthony Ottobre

Cross Respondent

Procedural Posture

Intellectual Property/designs and Cross Claim for Revocation / Final Orders After Trial and Reserved Judgment

Legal Issues

  1. 1 Whether Respondents infringed Applicant’s registered designs
  2. 2 Whether directors were jointly liable as joint tortfeasors for infringement
  3. 3 Whether Applicant is entitled to damages and/or injunctions for infringement of registered designs

Ratio Decidendi

The First to Fourth, Sixth, and Seventh Respondents infringed the Applicant's registered Australian Designs Nos. 302359 and 302360 and are liable to the Applicant, including as joint tortfeasors. The Applicant is to be awarded $200,000 in damages jointly and severally against these Respondents, with an injunction restraining future infringement. Applicant's TPA claims fail; Cross-claims for revocation of the designs and further TPA relief also fail. Costs are apportioned as set out in the orders.

Court Disposition

Declarations and orders granted substantially as sought by Applicant on designs claims; Applicant's TPA claims dismissed; Cross-claims dismissed; costs and damages apportioned as specified in orders.

Orders

  • Declarations of infringement of registered designs nos. 302359 and 302360 by First to Fourth Respondents (and jointly by Sixth and Seventh Respondents) for nominated products.
  • Injunction restraining First, Second, Third, Fourth, Sixth and Seventh Respondents from infringing registered Australian Design nos. 302359 and 302360 for term of registration.