Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd

In *Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd*, the New South Wales Court of Appeal considered a dispute between Raybos Australia Pty Ltd (Raybos) and Tectran Corporation Pty Ltd (Tectran) concerning the alleged infringement of a design patent. Raybos claimed that Tectran had infringed its registered design for a vehicle mudguard.

The central legal issue before the Court of Appeal was whether Tectran's mudguard design constituted an infringement of Raybos' registered design. This required the court to determine the scope of protection afforded by Raybos' registered design and to compare it with Tectran's product to ascertain if there was substantial similarity.

The Court of Appeal applied the principles governing the infringement of registered designs. It held that infringement occurs when a design is substantially similar to the registered design, considering the overall visual impression. The court examined the essential features of Raybos' registered design and compared them with Tectran's product, taking into account the degree of novelty and originality in Raybos' design. The court found that Tectran's mudguard was not substantially similar to Raybos' registered design, and therefore, there was no infringement.