GME has successfully enforced its registered design no. 201613671 to stop Uniden selling the Xtrak microphone. The decision provides an illustrated guide on the types of design changes that will not move a product beyond the reach of an Australian design registration.
Design rights such as design patents guard new products against imitations that look similar. Australian design registrations cover products that are substantially similar in overall impression to the registered design, but how similar is ‘substantially similar’? How closely can the imitator imitate without infringing? The old adage that ‘a picture is worth a thousand words’ is especially true in this context. The key images from the decision are reproduced below.
GME’s registered design no. 201613671