Redsbaby Pty Ltd v Wensheng Zhou

Redsbaby Pty Ltd (the applicant) sought an interlocutory injunction against Wensheng Zhou (the respondent) to restrain the alleged infringement of its registered design for a baby stroller. The dispute concerned the respondent's sale of a stroller that the applicant claimed was substantially similar to its registered design, thereby infringing its exclusive rights. The application was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the respondent's stroller infringed Redsbaby's registered design. This required the court to assess whether the respondent's product, when viewed as a whole, produced a substantially similar appearance to the registered design, considering the degree of similarity and the extent of features that were common to the prior art. The court also had to consider whether the respondent had a defence, such as prior use or independent creation, although the focus of the interlocutory application was on the likelihood of infringement.

Justice Kirov applied the principles governing the assessment of design infringement, particularly the test of substantial similarity. This involves comparing the overall visual impression of the registered design with the alleged infringing product, taking into account any differences and similarities, and considering the extent to which the design is dictated by function. The court noted that the comparison should be made by an ordinary user of the product, not an expert. The judge considered evidence presented by both parties regarding the visual characteristics of the respective strollers and the prior art.

The court ultimately granted the interlocutory injunction sought by Redsbaby Pty Ltd. The judge found that there was a serious question to be tried regarding infringement and that the balance of convenience favoured granting the injunction to prevent further alleged infringement pending a final determination of the proceedings.