Damages awarded for infringement of design of fashion dress - Review v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74

Jim Dwyer, Partner, and Vanessa Kingston, Lawyer of Allens Arthur Robinson report on Review v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74, which involved the infringement of dress design by rival designer and retailer. Damages were awarded on the basis that the respondent failed to cease making sales once notified of their infringement and for ‘diminution’ of reputation.

According to Jim Dwyer and Vanessa Kingston:

* It is important that fashion houses register their original designs in order to obtain protection against infringers.
* Before using any design, a comprehensive search of the Designs Register should be made to avoid infringement claims.
* If infringement claims are made against you, you should seek legal advice and consider carefully discontinuing sales of the potentially infringing article.

Damages awarded for infringement of design of fashion dress


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