Ahiida Pty Ltd v JB Trading Group Pty Ltd

Ahiida Pty Ltd (the applicant) sought an interlocutory injunction against JB Trading Group Pty Ltd (the respondent) to restrain alleged infringement of registered designs and copyright. The dispute concerned the manufacture and sale of a particular type of mobile phone holder.

The primary legal issues before the Federal Circuit Court were whether the applicant had established a strong prima facie case of infringement of its registered designs under the *Designs Act 2003* (Cth) and its copyright under the *Copyright Act 1968* (Cth), and whether the balance of convenience favoured granting an interlocutory injunction. The court also considered whether the respondent's product was substantially similar to the applicant's registered designs, and whether the respondent had engaged in conduct that constituted copyright infringement.

Emmett J applied the principles governing the grant of interlocutory injunctions, requiring the applicant to demonstrate a serious question to be tried and that damages would not be an adequate remedy. His Honour considered the visual appearance of the respective products, comparing them against the registered designs and the requirements of substantial similarity. The court also examined the evidence of copying in relation to the copyright claim.

The court found that the applicant had not established a strong prima facie case of infringement of its registered designs, nor had it demonstrated a serious question to be tried in relation to copyright infringement. Consequently, the application for an interlocutory injunction was dismissed.