Review’s Lili Dress - Review Australia Pty Ltd v Innovative Lifestyle Investments Pty Ltd
The decision of Review Australia Pty Ltd v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74 has been delivered by Jessup J. The case concerns a Designs Act 2003 registered design for a ladies dress.
Under its name “Review”, the applicant retailed its clothing in its own stores, of which there were some 15 throughout Australia, and through concession sites within Myer stores, of which there were some 19 throughout Australia. Those stores, and sites, sold the applicant’s branded garments and accessories only. The applicant’s branded clothing was not available elsewhere.
Jessup J awarded damages of $7,500 and additional damages of $10,000 for Innovative Lifestyle Investments’s continued trade in the ‘Lili’ dress after being directly informed of Review’s registered design. However, Jessup J did not grant injunctive relief as Innovative Lifestyle Investments’s admissions made it clear that they recognise that the further manufacture and sale of the “Lili” dress would be unlawful.