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A Fulton Company Limited v Totes Isotoner (UK) Limited: CA 4 Nov 2003

The defendants appealed a finding that they had infringed the claimant’s unregistered design rights in collapsible umbrellas. The defendants said the law protected only the design as a whole, and that only part had been copied. Held: Authority was clear that subject to considerations as to the non-protection of ‘must fit/must match elements’ of a … Continue reading A Fulton Company Limited v Totes Isotoner (UK) Limited: CA 4 Nov 2003

Volumatic Ltd v Myriad Technologies Ltd: ChD 10 Apr 1995

The court considered whether the protection given by the section extended to part only of a registered design: ‘The question is whether, when these features [must fit and must match] have been subtracted, there is anything left in which unregistered design right could be plausibly claimed. . . Literally construed the Act would allow design … Continue reading Volumatic Ltd v Myriad Technologies Ltd: ChD 10 Apr 1995

Ocular Sciences Ltd v Aspect Vision Care Ltd: ChD 11 Nov 1996

The freedom for a claimant in registered design right to frame his claim, as to whether he asserts an infringement of the entire design, or limits it to the section infringed, is important. Laddie J said: ‘This means that the proprietor can trim his design right claim to most closely match what he believes the … Continue reading Ocular Sciences Ltd v Aspect Vision Care Ltd: ChD 11 Nov 1996

Ultraframe UK Limited v Clayton, Fielding and Others: ChD 3 Oct 2002

The claimants asserted infringement of their registered design rights in parts used in their double glazing and conservatory units. ‘Therefore it is possible for design right to subsist in the design of the part of the article which is not excluded under the must match provisions.’ Judges: The Honourable Mr Justice Laddie Citations: [2003] RPC … Continue reading Ultraframe UK Limited v Clayton, Fielding and Others: ChD 3 Oct 2002

A Fulton Co Ltd v Grant Barnett and Co Ltd: ChD 2001

The court considered an allegation that part of an unregistered design had been copied. The defendant said that the section required a claim in respect of the entire design. Held: The part in respect of which a claim must be made must neither be insignificant, nor included in any part of the design which ‘must … Continue reading A Fulton Co Ltd v Grant Barnett and Co Ltd: ChD 2001