Oakley Inc v Oslu Import and Export Pty Ltd [2001] FCA 385

Oakley Inc v Oslu Import and Export Pty Ltd [2001] FCA 385

The second respondent, as the director and controller of the first respondent, directed and procured the infringement of Australian registered designs; given the legal principle favouring liability where a director procures the company’s tort, injunctive relief and costs should be awarded against him.

Jurisdiction
Australia
Judgment Date
10 April 2001
Procedural Posture
Civil / Judgment After Hearing on Liability and Injunctive Relief
Outcome
injunction granted against second respondent; costs awarded to applicant, to be taxed forthwith
Legal Topics
['registered Design Infringement' 'trade Mark Infringement' 'accessorial Liability of Directors' 'injunctive Relief' 'costs Orders']
['intellectual Property' 'tort Law'] ['registered Design Infringement' 'trade Mark Infringement' 'accessorial Liability of Directors' 'injunctive Relief' 'costs Orders']

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Procedural Posture

Civil / Judgment After Hearing on Liability and Injunctive Relief

Legal Issues

  1. 1 ["Whether the second respondent is secondarily liable for the company's infringing acts under accessorial liability principles" 'Proper approach to personal liability of directors for company torts']

Ratio Decidendi

The second respondent, as the director and controller of the first respondent, directed and procured the infringement of Australian registered designs; given the legal principle favouring liability where a director procures the company’s tort, injunctive relief and costs should be awarded against him.

Court Disposition

injunction granted against second respondent; costs awarded to applicant, to be taxed forthwith

Orders

  • ['An injunction is granted restraining the second respondent (whether by himself, his servants, agents or otherwise howsoever), during the term of Australian Registered Designs No 125520 and No 128173 (and any extension thereof), from directing or procuring the first respondent to infringe either of the said...