Review Australia Pty Ltd v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74

Review Australia Pty Ltd v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74

The respondents infringed the applicant's registered design by making and selling a dress substantially similar in overall impression; damages were warranted for the resulting reputational dilution, and additional damages were awarded for continued infringement after notice.

Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Intellectual Property Infringement (registered Design) / Final Judgment in First Instance Proceeding; Assessment of Damages
Outcome
Judgment for the applicant on damages claim; application otherwise dismissed.
Legal Topics
['registered Designs' 'infringement' 'compensatory Damages' 'additional Damages' 'misleading Representation' 'remedies']
['intellectual Property'] ['registered Designs' 'infringement' 'compensatory Damages' 'additional Damages' 'misleading Representation' 'remedies']

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Procedural Posture

Intellectual Property Infringement (registered Design) / Final Judgment in First Instance Proceeding; Assessment of Damages

Legal Issues

  1. 1 ["Whether the respondents infringed the applicant's registered design under the Designs Act 2003 (Cth)" 'Whether the applicant suffered a diminution of sales or damage to reputation due to the infringement' 'Whether compensatory damages are discretionary or mandatory upon proof of infringement' "Whether damages should be reduced due to the applicant's own misleading representations" 'Whether additional damages should be awarded due to copying and notice of registration']

Ratio Decidendi

The respondents infringed the applicant's registered design by making and selling a dress substantially similar in overall impression; damages were warranted for the resulting reputational dilution, and additional damages were awarded for continued infringement after notice.

Court Disposition

Judgment for the applicant on damages claim; application otherwise dismissed.

Orders

  • ['The respondents pay to the applicant damages in the sum of $17,500.' 'The Application otherwise be dismissed.']