In The Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd [2008] FCA 49, the Australian copyright owner of the Palph Laren "polo player" symbol failed in its action under s 37 of the Copyright Act in the Federal Court to prevent clothing bearing its embroidered logo being imported from USA into Australia.

The symbol was lawfully embroidered overseas into the external surface of an article of clothing, but the  person entitled to the copyright here did not consent to its importation.

The defendants succesfully contended that the polo player logo embroidered on each article amounted to a non-infringing accessory within the meaning of the exception to infringement in section 44C of the Copyright Act, because it is a ‘label’ embroidered onto an article of clothing.

UPDATE: December 2008: Appeal dismissed