Novelty was claimed in shape or configuration of the brassiere the subject of the registration. Held; Under the law of registered designs, the designer had to state in what respect he claimed novelty – was it shape, configuration pattern or ornament? The validity of the design registration was judged by what was claimed to be novel.
Luxmoore J., in adverting to the definition introduced by the Act of 1919, observed that ‘a mere mechanical device is a shape in which all the features are dictated solely by the function or functions: which the article has to perform’.
‘Shape’ and ‘configuration’ have been regarded as close to synonymous, and as denoting the form in which in an article is fashioned in three dimensions, while ‘pattern’ and ‘ornament’ were generally been regarded as denoting two-dimensional surface decoration.
‘It remains, therefore, to consider whether the Design is new or original. Before attempting to answer this question it is necessary to determine which of the four features is sought to be protected. Is it shape, configuration, pattern or ornament? Shape and configuration are for all practical purposes considered as synonymous . . Each signifies something in three dimensions; the form in which the article itself is fashioned. ‘Pattern’ and ‘ornament’ can, I think, in the majority of cases be treated as practically synonymous. It is something which is placed on an article for its decoration. It is substantially in two as opposed to three dimensions. An article can exist without any pattern or ornament upon it, whereas it can have no existence at all apart from its shape or configuration’.
Luxmoore J
(1935) 53 RPC 139
Patents and Designs Act 1919
England and Wales
Cited by:
Cited – Interlego AG v Tyco Industries Inc PC 5-May-1988
How much new material for new copyright
(Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.667557 br>