Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd (No 2)

Dias Aluminium Products Pty Ltd brought proceedings against Ullrich Aluminium Pty Ltd for infringement of registered designs and for passing off. The Federal Court was tasked with resolving disputes over the alleged infringement of two registered designs (Design 115996 and Design 123036) by Ullrich Aluminium Pty Ltd. Dias Aluminium sought relief in the form of injunctive relief, damages, an account of profits, and other orders.

The central legal issues involved the interpretation and enforcement of design rights under the Designs Act 1906 (Cth), and the principles of passing off. Specifically, the Court had to determine whether Ullrich Aluminium had infringed the registered designs by applying obvious imitations to wardrobe door panel stiles, and if so, what remedies were appropriate. The Court also had to consider whether Ullrich Aluminium had passed off its products as Dias Aluminium’s, thereby misleading consumers.

The Court found that Ullrich Aluminium had indeed infringed the registered designs by applying obvious imitations to the wardrobe door panel stiles. The Court held that the imitations were so similar as to be virtually indistinguishable from Dias Aluminium’s designs, thereby constituting an infringement. Additionally, the Court found that Ullrich Aluminium had passed off its products as those of Dias Aluminium, leading to consumer confusion. The Court issued comprehensive injunctive relief to prevent further infringement and ordered the destruction of all infringing products. The Court also mandated detailed financial disclosures from Ullrich Aluminium and set a timeline for a further trial to determine damages or an account of profits. The Court further ordered mediation and case management to facilitate resolution of outstanding issues, and apportioned costs between the parties.