Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2007] FCA 1869

This decision concerns Chiropedic Bedding Pty Ltd, the registered proprietor of a design under the Designs Act 1906 (Cth). The design is in respect of a particular style of mattress. Registration was effected on 2 September 1996 with a priority date of 26 July 1996.

Chiropedic sues the respondent, Radburg Pty Ltd, for infringement of its design. Radburg denies infringement and also cross-claims for the cancellation of the registration. One of the grounds upon which it relies to support its cross-claim is that the design was not novel. With the consent of the parties this issue is to be determined before the trial on infringement.

Link to Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2007] FCA 1869


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