NSW Ultra Violet Pty Limited v Insect-O-Cutor Limited

NSW Ultra Violet Pty Limited (the applicant) sought an interlocutory injunction against Insect-O-Cutor Limited (the respondent) to restrain the importation and sale of certain insecticidal devices. The applicant alleged that the respondent's devices infringed its Australian registered design no. 159000. The application was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the respondent's imported insecticidal devices infringed the applicant's registered design. This required the court to consider the scope of the monopoly granted by the registered design and to compare the visual appearance of the respondent's devices with the registered design, having regard to the degree of similarity and the essential features of the registered design.

In determining the issue of infringement, the court applied the principles established in cases concerning the infringement of registered designs. His Honour Justice Forno considered the visual impact of the respondent's devices on the informed customer, comparing them to the applicant's registered design. The court found that the overall visual impression of the respondent's devices was substantially similar to the registered design, and that the essential features of the registered design had been taken. Consequently, the court granted the interlocutory injunction sought by the applicant.