Mallesons - Ralph Lauren copyright case against importer

Robert Cooper and Peter Selvay of Mallesons reviews the The Polo/Lauren Company v Ziliani Holdings [2008] FCA 49, in which Ziliani purchased authentic but heavily discounted Ralph Lauren garments in the United States and imported them for sale into Australia. Polo/Lauren alleged that Zilliani infringed copyright by importing without permission those garments. However, Ziliani successfully relied upon two discrete (and complicated) defences to copyright infringement under the Copyright Act (logo was a non-infringing accessory because it was a label embroided and that the logo was a corresponding design). Robert Cooper and Peter Selvay noted that the Court was clearly concerned to prevent the “inappropriate use of copyright” to provide “exclusive market access” to distributors.

According to Robert Cooper and Peter Selvay, the decision demonstrates the many difficulties associated with trying to prevent the parallel importation of goods under the Copyright Act. Robert Cooper and Peter Selvay note that avenues such as misleading and deceptive conduct and passing off remain more likely to be effective in preventing parallel importation into Australia.

Ralph Lauren copyright case against importer


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