Unjustified Threat Of Infringement

World of Technologies (Aust) Pty Ltd v Temp (Aust) [2007] FCA 114 (14 February 2007)

A recent decision by the Federal Court has served as a timely reminder to stakeholders to be wary when making any threat of infringement, awarding the respondent in World of Technologies Pty Ltd v Tempo damages to the value $213,059.96 for lost profits due to an unjustified threat of design infringement.

The Case included a rather involved supply contract review and ultimately revoked World of Technologies’ Australian Design Registration No. 304082

(see Figure 1) for a new bagless vacuum cleaner (later sold under the "Genius" brand – see Figure 2). But perhaps most significant was Jessup J’s finding that a solicitor’s letter to Tempo was an unjustified threat because the design was registered but not certified at the time the letter was sent.