Keller v LED Technologies Pty Ltd

(2010) 185 FCR 449; [2010] FCAFC 55

Full Court of the Federal Court

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Interrogate

Catchwords

1. Intellectual Property
2. › Registered designs
3. › Validity
4. › Whether representations reasonably clear and succinct
5. › Whether designs new and distinctive when compared with prior art base
6. › Designs Act 2003 (Cth), ss 15, 16, 19
1. Intellectual Property
2. › Registered designs
3. › Infringement
4. › Whether alleged infringing products embodied designs substantially similar in overall impression to registered designs
5. › Designs Act 2003 (Cth), ss 19, 71
1. Intellectual Property
2. › Registered designs
3. › Infringement
4. › Joint liability
5. › Personal liability of director of infringing company as joint tortfeasor
6. › Whether director must make tort his or her own
1. Trade Practices
2. › Prescribed consumer product safety standard
3. › Supply of goods not complying with standard
4. › Whether goods complied with Australian Design Rules
5. › Sufficiency of proof
6. › Trade Practices Act 1974 (Cth), s 65C
7. › Motor Vehicle Standards Act 1989 (Cth), s 41

Quick Take

A director acting in good faith in the service of the company is not a joint tortfeasor merely because they participated in decisions leading to the tort; there must be a separate personal dimension to their conduct.