Date: 16 April 2025
Court: Federal Court of Australia
Judge(s): Anderson J
Judgment date: 8 April 2025
Catchwords: Design infringement – damages assessment – reputational damage – additional damages due to flagrancy and ongoing infringement

Abstract:

The Federal Court of Australia has recently handed down a decision in Rock Solid Industries International (Pty) Ltd v Ozi 4X4 Pty Ltd, in which Rock Solid Industries International (Pty) Ltd (RSI) alleged that Ozi 4X4 Pty Ltd (Ozi) had infringed its registered designs and breached a prior settlement agreement reached in 2022. The court awarded damages for reputational harm and additional damages.

Background

The infringed designs in question were Australian Design Registrations Number 202011929 and 202011931.

After RSI filed its Statement of Claim on 18 October 2023, Ozi failed to appear or file necessary documents, leading to a default judgment. On 9 April 2024, the Registrar declared that Ozi had infringed RSI’s designs and breached the prior settlement agreement. They also issued orders restraining Ozi from importing, selling, or offering to sell any products that were infringing, modified, or substantially similar in overall appearance to…