Koninklijke Philips & Anor v Remington

Koninklijke Philips Electronics N.V. and Philips Consumer Products Pty Ltd (the applicants) sought to restrain Remington Products (Australia) Pty Ltd (the respondent) from infringing their registered design for an electric shaver. The applicants alleged that the respondent's shaver, the "Smooth & Silky," incorporated a design substantially similar to their registered design, which covered the ornamental appearance of the shaver head. The dispute came before the High Court of Australia.

The central legal issue before the High Court was whether the respondent's shaver head infringed the applicants' registered design. This required the court to determine whether the overall visual impression conveyed by the respondent's design was substantially similar to that of the applicants' registered design, having regard to the degree of novelty and originality of the registered design. The court also considered the scope of protection afforded by the registered design.

In its reasoning, the High Court applied the principles established in cases concerning design infringement, particularly the test of "substantial similarity." This test involves comparing the overall visual impression of the allegedly infringing design with the registered design, taking into account the features that are new and original. Gleeson CJ and Kirby J, in their joint judgment, found that while there were some differences between the two designs, the overall visual impression of the respondent's shaver head was substantially similar to that of the applicants' registered design. They concluded that the respondent had infringed the registered design, giving significant weight to the novelty and originality of the applicants' design in the context of electric shavers.

The High Court ordered that the respondent be restrained from infringing the applicants' registered design.