Design Infringement Lawyer Brisbane
EAGLEGATE advises product businesses, designers and manufacturers on registered design rights, infringement claims and enforcement strategy — Brisbane, Queensland and nationally.
Registered designs protect the visual appearance of products — their shape, configuration, pattern and ornamentation. When a competitor copies the look of your product, that may constitute design infringement under the Designs Act 2003 (Cth). EAGLEGATE advises product businesses, designers and manufacturers across Brisbane and Queensland on registered design rights, infringement claims and enforcement strategy.
Design protection sits at the intersection of intellectual property law and commercial product strategy — and the interaction between registered designs, copyright and trade dress requires careful legal navigation. EAGLEGATE brings that expertise to every design matter.
The appearance of your product is an asset. Protect it.
Our Expertise
Design Infringement Claims
Acting for registered design owners where a competitor’s product copies the visual appearance of a protected design. Infringement requires that the product embodies a design identical with, or substantially similar in overall impression to, the registered design. We assess the strength of the infringement case and pursue enforcement through cease and desist demands and Federal Court proceedings.
Design Registration Strategy
Advising on what design features are protectable, how to structure a registration to maximise scope, and what prior art may affect registration or validity. Getting registration and certification right from the outset strengthens your enforcement position significantly.
Designs, Copyright & Trade Dress — Understanding the Overlap
Product appearances can be protected under multiple legal regimes: registered designs, copyright and — in some cases — trade dress elements protected through trade marks or passing off. The choice of which right to enforce significantly affects the strength of an infringement claim. EAGLEGATE advises on the most effective combination for your product and market.
See also our Trade Mark Infringement page where design and trade dress rights overlap.
Defence of Design Infringement Claims
Acting for respondents facing design infringement allegations — assessing whether the claimed design is validly registered, whether infringement is genuinely established, and what defences are available. Prior use, prior publication and invalidity are grounds that can defeat a design infringement claim.
Urgent Injunctions & Enforcement
Where an infringing product has entered the market and is causing ongoing damage, we apply for urgent interlocutory injunctions and coordinate with Australian Border Force where goods are being imported. Fast action can prevent the infringer from establishing a market presence.
Our Approach
Assess the Registration
We review your registered design — its scope, the features protected, and whether the registration has been certified. An uncertified design cannot support an infringement action.
Evaluate the Infringing Product
We compare the infringing product to the registered design using the ‘substantially similar in overall impression’ standard — assessed through the eyes of an informed user, considering the freedom available to the designer.
Enforce
Cease and desist notices, platform and marketplace takedowns, Australian Border Force applications for importation control, and Federal Court proceedings where infringement is established.
Protect Rights
Design infringement often reveals gaps in IP strategy. We advise on strengthening protection alongside enforcement — including whether additional design registrations or copyright protections should be established.
Why EAGLEGATE
- IP Breadth — Designs, Copyright, Trade Marks — EAGLEGATE advises across all IP types, which matters in design disputes where registered design, copyright and trade mark rights frequently overlap. Our ability to advise on the full picture ensures the most effective enforcement strategy is pursued.
- Product and Manufacturing Experience — EAGLEGATE’s client base includes product manufacturers and engineering businesses across Queensland. We understand how products are made, how designs are developed commercially, and what the practical stakes are in design disputes.
- Technical Fluency — Design infringement assessment requires understanding product appearance from both functional and aesthetic perspectives. Our lawyers bring technical backgrounds that make this analysis faster and more precise.
- Doyle’s Guide-recognised 2020–2026 — Seven consecutive years of recognition as a Recommended IP Lawyer in Queensland, across trade mark, copyright, design and technology matters.
Insights
- Does my design need to be certified before I can sue for infringement?
Yes. In Australia, a registered design must be certified before infringement proceedings can be commenced. If your design is registered but not yet certified, we advise on expediting certification and on interim steps available in the meantime.
- What is 'substantially similar in overall impression'?
This is assessed through the eyes of an ‘informed user’ — someone familiar with the product type — who considers the overall appearance rather than individual features. Courts look at similarity as a whole, taking into account the degree of freedom available to the designer.
- Can I protect unregistered designs?
Unregistered designs may attract copyright protection in certain circumstances— particularly. The interaction between copyright and registered design law in Australia is complex. EAGLEGATE advises on which rights apply.
Book a 30-minute confidential consultation.
Your product looks different for a reason. Protect that difference.