On 5 July 2006 Review 2 Pty Ltd was registered as the owner of Design Registration No. 307708 in relation to ladies garments (“the Review Design”). This case considered whether Redberry Enterprise Pty Ltd (“Redberry”) infringed the Review Design and considered Redberry’s cross-claim that the Review Design was invalid.
Kenny J found that the Review Design was valid but that Redberry had not infringed it. This case reminds us that while a design registration may be found valid, the monopoly conferred by registration can be closely confined by what has been disclosed in the prior art.