SPE Pty Ltd is an importer and wholesaler of household goods and electrical appliance, including hair dryer. In 2022, SPE imported a hair dryer that can put on a pedestal manufactured by Fuzhou Electric Co. (FEC) in China. In March 2022, FEC exhibited a brochure of its hair dryer at an Export Fair, which contained a front-on photo of the hair dryer. Frank Electric Pty Ltd, another Australian importer, attended the Export Fair and placed an order for a quantity of the vacuum. A front-on photo was posted on Frank Electric's website in May 2022. The front-on photo is a copy of the photograph in the brochure.
In May 2022 FEC wrote to SPE giving permission to apply for design registration in Australia and clearly stated in the Design Registration Authorisation that 'the ownership of the Design belongs to Fuzhou Electric Co.'. However, SPE registered the design in its own name in December 2022 and the priority date is 15 October 2022.
After the registration, SPE sued Frank Electric for breach of a registered design. Frank Electric argued that the registration should be revoked because: the design was not new and original at the priority date because of the brochure and the front-on photo posted on the website. SPE was not the person entitled to register the design.

Advise SPE on the design infringement claim and Frank Electric arguments.