Polyaire Pty Ltd v K-Aire Pty Ltd [No 2]

The High Court of Australia considered an appeal concerning alleged infringement of a registered design. The appellant, Polyaire Pty Ltd, alleged that the respondent, K-Aire Pty Ltd, had engaged in fraudulent imitation of its registered design. The dispute arose after K-Aire Pty Ltd modified an initial design following an allegation by Polyaire Pty Ltd that the initial design constituted infringement.

The central legal issue before the High Court was whether the modified design devised by K-Aire Pty Ltd constituted a fraudulent imitation of Polyaire Pty Ltd's registered design. This required the Court to assess the nature of the modifications and their effect on the overall appearance of the design in light of the registered design.

The Court's reasoning focused on the concept of fraudulent imitation within the context of design law. It examined the extent to which the modified design departed from or retained similarities with the registered design, considering the overall visual impression. The Court applied principles of design infringement, which involve comparing the appearance of the registered design with the alleged infringing design, and determining whether the latter is substantially similar to the former, particularly in a manner that suggests an intent to deceive or mislead by appropriating the essential features of the registered design.

The High Court ordered that the orders pronounced by the Court on 16 June 2005 be sealed.