“Zeemax have been making body kits for minis since 1998. Zeemax’s design rights prevent unauthorised reproduction of the designs as Zeemax has the exclusive right to reproduce its body kits for commercial purposes. This right subsists both in the component parts of the kit and the assembled article. Its design rights are infringed by any person who, without the consent of the design rights owner, does or authorises another to do anything which is the exclusive right of the owner.



In addition to any claims for infringement of intellectual property rights Zeemax is entitled to pursue actions for passing off if the description or appearance of the advertised kits is such as to lead the public to believe that they are purchasing or the advertiser is using a Zeemax kit, which in fact they are not. No one has the right to represent his goods as the goods of someone else. Zeemax has a right of property in its goodwill attached to its kits which it is entitled to have protected. By Ausmini continuing to advertise the copy kits as Zeemax kits it is confusing members of the public by implying a false connection with the copy kits and Zeemax.



Ausmini is facilitating the infringement of Zeemax’s rights by allowing a web user to pass off the copy kits as Zeemax kits. In addition, by continuing to advertise these false kits, Ausmini is supporting the sale of copy kits which infringe Zeemax’s intellectual property rights. Ausmini should be aware that the possible remedies available for breach of the intellectual property rights mentioned above can have serious cost consequences. Ausmini should also consider the negative publicity that could rise from its association with the promotion of false, copy kits”.