Gramophone Co Ltd v Magazine Holder Co: HL 13 Feb 1911

The appellants were proprietors of a registered design and raised an action against the respondents to obtain injunction against an alleged infringement of the design. The respondents admitted the design to be new and original, but denied infringement, and judgment pronounced in the respondents’ favour was affirmed by the Court of Appeal (Cozens-Hardy, M.R., and Buckley, L. J., diss. Fletcher Moulton, L.J.), on the ground that there was no infringement.
Held: The Court was not bound by the admission, and that the design founded on had not the novelty or originality required to bring it within the statutory protection.
Opinion, on the question of infringement, per Earl of Halsbury, that the principles of patent law were inapplicable to designs, and that only exact reproduction of a design would amount to infringement.


Lord Chancellor (Loreburn), the Earl Of Halsbury, Lords Atkinson and Shaw


[1911] UKHL 1081




England and Wales

Intellectual Property

Updated: 03 August 2022; Ref: scu.619184