Traps For The Unwary – Protecting Product Shape And Appearance

A recent decision of the Federal Court considered the rights associated with a line of playground sculptures.

The Facts

The plaintiff specializes in the design, development, manufacturing, marketing, and branding of playground equipment. They developed a line of so called playground sculptures which included works entitled Performer Arch, Performer Dome and Explorer Dome. The plaintiff's playground equipment was designed and built for the use of children on playgrounds and to be played with and climbed on etc. While the sculptures have aesthetic features they are also designed to be playful and safe, and are subject to technical safety requirements including requirements relating to arm reach and rope size.