PositiveG Investments Pty Ltd as trustee for the PositiveG Trust v Li

PositiveG Investments Pty Ltd as trustee for the PositiveG Trust (the Applicant) sought summary judgment against Li (the Respondent) for infringement of two registered designs for a "Display Unit" used with dual battery volt meters for motor vehicles. The dispute concerned whether the Respondent's "display units" were substantially similar in overall impression to the Applicant's registered designs. The application was heard by Baird J in the Federal Court of Australia.

The court was required to determine whether the Respondent had infringed the Applicant's registered designs under section 71 of the *Designs Act 2003* (Cth). Specifically, the court had to assess if there was a substantial similarity in overall impression between the Respondent's products and the registered designs, and whether the Respondent had any reasonable prospect of successfully defending the claim, particularly given their non-participation in the proceedings.

Baird J found that the Respondent had infringed both registered designs. The court applied the principles of design infringement, focusing on the overall impression of the registered design and the alleged infringing product. Given the Respondent's failure to participate in the proceedings and the clear evidence of infringement, the court concluded that summary judgment was appropriate. The court ordered that summary judgment be entered against the Respondent, declared infringement, and issued permanent injunctions restraining the Respondent from importing, selling, or otherwise dealing with the infringing products. The Respondent was also ordered to deliver up infringing products and promotional material, remove infringing material from online platforms, and pay compensatory damages, additional damages, costs, and interest to the Applicant.