The Facts

Sydney manufacturer develops superior fencing panels

A case heard in the Federal Court in 2013 concerned a manufacturer of steel fencing panel sheets used in backyard fencing. The manufacturer, Gram Engineering, had ridden the boom in home swimming pool construction and the do-it-yourself backyard improvement wave by developing a product that was superior to other types of steel fencing on the market at that time.

The GramLine fencing sheets had a sawtooth or zig-zag profile with six pans or modules per sheet. The particular advantage of GramLine fencing sheets was that they looked the same from both sides, so there was no "good side" or "bad side", as was the case with existing products on the market.

Popularity and market share of GramLine panels

GramLine fencing panels were launched in September 1995 and quickly became very popular. By 2002, Gram Engineering had around 35% of the national fencing market and at least 50% of the market in New South Wales. Gram Engineering sourced its raw product from BlueScope Steel.

In 2002, BlueScope Steel launched its own sawtooth fencing panel sheet under the brand name "SMARTASCREEN". Gram Engineering sued BlueScope for infringement of its registered design.

case a - The case for Gram Engineering case b - The case for BlueScope Steel
  • We invented the GramLine steel fencing panel sheet in 1993 and registered the design in 1994. Our product should be protected under the Designs Act 1906.
  • Ours was the first product on the market which was symmetrical, i.e. the panels looked the same from both sides of the fence.
  • The ingenuity and practicality of our fencing panels is demonstrated by their overwhelming commercial success.
  • BlueScope has infringed our design by copying the essential features of our GramLine fencing infill sheet in its SMARTASCREEN panels.
  • We developed our SMARTASCREEN panels independently by means of a three-stage product development process between 1995 and 2001.
  • We deny that we imitated the design of the GramLine fencing panels.
  • Our SMARTASCREEN panels have several features which make them visually different and distinct from the GramLine panels.
  • The GramLine design should never have been registered in the first place because it is not novel or original. There were numerous products already in existence which shared common features with the GramLine panels when they were launched.

So, which case won?

Cast your judgment below to find out

Vote case a - The case for Gram Engineering
 Vote case b - The case for BlueScope Steel

Geoff Roberson
Business disputes and litigation
Stacks Champion

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