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ARTICLE · 28 MARCH 2017

Fencing manufacturer sues rival for infringing its registered design - which case won?

Gram Engineering sued BlueScope for infringement of its registered design of steel backyard fencing panel sheets.

AustraliaLitigation, Mediation & Arbitration

The Facts

Sydney manufacturer develops superior fencing panels

A case heard in the Federal Court in 2013 concerned a manufacturer of steel fencing panel sheets used in backyard fencing. The manufacturer, Gram Engineering, had ridden the boom in home swimming pool construction and the do-it-yourself backyard improvement wave by developing a product that was superior to other types of steel fencing on the market at that time.

The GramLine fencing sheets had a sawtooth or zig-zag profile with six pans or modules per sheet. The particular advantage of GramLine fencing sheets was that they looked the same from both sides, so there was no "good side" or "bad side", as was the case with existing products on the market.

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