Oakley Inc v Oslu Import & Export Pty Ltd [2000] FCA 700

Oakley Inc v Oslu Import & Export Pty Ltd [2000] FCA 700

Oslu Import and Export Pty Ltd infringed Oakley Inc's registered designs by importing and offering for sale sunglasses that were obvious imitations of the registered designs; Oslu also infringed Oakley's registered name mark by using an imitated mark that was deceptively similar, but did not infringe the ellipse mark. The court granted declarations and an injunction in respect of Oslu, with further questions regarding relief against Mr Tao and pecuniary remedies adjourned.

Jurisdiction
Australia
Judgment Date
30 May 2000
Procedural Posture
Intellectual Property Infringement / Judgment With Part Heard and Further Hearing Adjourned
Outcome
declaration and injunction granted against first respondent; question of director's liability and pecuniary relief adjourned
Legal Topics
['designs Infringement' 'trade Mark Infringement' 'injunctions' 'account of Profits' "directors' Liability in Tort"]
['intellectual Property'] ['designs Infringement' 'trade Mark Infringement' 'injunctions' 'account of Profits' "directors' Liability in Tort"]

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Procedural Posture

Intellectual Property Infringement / Judgment With Part Heard and Further Hearing Adjourned

Legal Issues

  1. 1 ['Whether sunglasses imported and offered for sale infringe registered designs under the Designs Act 1906 (Cth)' 'Whether sunglasses infringe registered trademarks under the Trade Marks Act 1995 (Cth)' 'Whether the infringing glasses were supplied by the respondents']

Ratio Decidendi

Oslu Import and Export Pty Ltd infringed Oakley Inc's registered designs by importing and offering for sale sunglasses that were obvious imitations of the registered designs; Oslu also infringed Oakley's registered name mark by using an imitated mark that was deceptively similar, but did not infringe the ellipse mark. The court granted declarations and an injunction in respect of Oslu, with further questions regarding relief against Mr Tao and pecuniary remedies adjourned.

Court Disposition

declaration and injunction granted against first respondent; question of director's liability and pecuniary relief adjourned

Orders

  • ['Declaration that the first respondent infringed Australian Registered Designs No 125520 and No 128173; declaration that the first respondent infringed Australian Registered Trade Mark No B387164; injunction granted restraining the first respondent from infringing the registered designs; order for delivery up of...