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.
Click here to read the case note.
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.
Click here to read the case note.
Labels: australian designs
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