18 Apr 2018
WATKINS MANUFACTURING CORP v PRESTIGE POOLS LTD & ANOR [2018] NZHC 709
- Citation
- [2018] NZHC 709
- Court
- High Court
Apply an instructed‑eye visual comparison between the registered design representations (excluding broken lines) and the accused articles; features are only excluded if dictated solely by function; the Prestige SR 805A, SR 806A and SR 808A, when compared to NZ 418933 representations and Watkins' commercial embodiment, were not substantially different such that a design not substantially different from NZ 418933 had been applied to them, and therefore liability for infringement is established.