Car parts which had no effect on appearance and were merely parts were not registerable as Registered Designs.The section applies only to items of design which will have their own independent use, and not only as part of a larger item. Registration was refused for the part in this case. Judges: Lord Keith, Lord Ackner, … Continue reading Regina v Registered Designs Appeal Tribunal, Ex Parte Ford Motor Company Ltd: HL 14 Dec 1994
Lord Templeman said: ‘The appellants’ submissions are, in essence, based on the proposition that if a product is worth copying, the law should protect the product against being copied. My Lords, that is not the law. In British Leyland Motor . .
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Dyson argued that the defendant’s imported vacuum cleaners infringed their registered designs. Judges: Arnold J Citations: [2010] EWHC 1923 (Pat), [2011] Bus LR 232, [2010] ECDR 18, [2010] FSR 39, [2011] ECC 9 Links: Bailii Statutes: Registered Designs Act 1949 Jurisdiction: England and Wales Intellectual Property Updated: 25 August 2022; Ref: scu.425578
The court considered how it should compare the design as registered and that of which complaint was made of copying: ‘The decision whether the registered design and the designs of the alleged infringements are substantially different is for the court and cannot be delegated to the opinions of the witnesses. It must be decided on … Continue reading Gaskell and Chambers Ltd v Measure Master Ltd: 1993
The 1949 Act denied protection to the features of a design that were solely dictated by a product’s technical function. Held: A product’s configuration was solely dictated by its technical function if every feature of the design was determined by technical considerations, and did not qualify as a design. [1971] FSR 572, [1972] RPC 103 … Continue reading AMP Inc v Utilux Pty Ltd: HL 1971
Contractor and Client Copyrights The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract. Held: A Joint authorship claim required that the contributor had made some direct contribution to the words appearing in the eventual published item. … Continue reading Robin Ray v Classic FM Plc: PatC 18 Mar 1998
The claimants had used the distinctive shape of their bottle to help advertise their soft drink. The registered design rights in the bottle had expired.
Held: The House refused to allow trade mark law to be exploited and rejected the argument . .
A wall plaque was published before 1950. Its design was an original artistic work but was produced for the purpose of reproduction by an industrial process. It was not registered as an industrial design under the applicable designs legislation . .
The design at issue was ‘a blend of efficiency with visual appeal’
Held: To hold that the reference in the relevant designs legislation to a design being ‘capable of being registered’ means registrable as distinct from a design which complies . .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Judgment on the trial of a preliminary issue in a registered design action – threats claim . .
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The claimants had made several Star Wars films for which the defendants had designed various props items. The parties disputed ownership of the rights in the designs, and in articular of a stormtrooper helmet. The issues came down to whether the defendant had rights to reproduce images under sections 51 and 52. The claimants appealed … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009
The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights of the claimant. Held: On breach of confidence, the parties had an arguable cases on each side, … Continue reading Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society: ChD 20 May 2016
A flat was sold, but before the purchasers registered the transfer, the seller was sequestrated, and his trustee registered his own interest as trustee. The buyer complained that the trustee was unjustly enriched.
Held: The Act defined the . .
