Designs case - Prior publication

Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2007] FCA 1869

The applicant, Chiropedic Bedding Pty Ltd (“Chiropedic”), was the registered proprietor under the Designs Act 1906 (Cth) of a design in respect of a mattress. Chiropedic sued the respondent, Radburg Pty Ltd (“Radburg”) for infringement of its design. This case considered Radburg’s cross-claim for the cancellation of the Design registration, on the ground that the design was not new or original.

Before the priority date of the design, Chiropedic had exhibited a mattress to which the design was applied at a fair held at the Melbourne Exhibition Centre, and organised by the Furnishing Industry Association of Australia (Vic/Tas). The publication at the fair would invalidate the registration unless s 47 of the Designs Act 1906 (Cth) applied.

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