The complainant alleged breach of their registered design for a flask. Whether the designs are substantially different is for the court on a comparison of the features judged eye. The court represents a customer interested in the design. It can look at available design if the design of the registered design only differs from the prior art by such details. Where a design differs radically from previous designs, the interested eye would more likely concentrate on the general form of the new design. Given the involvement of a judge in that factual assessment, his decision should be set aside only with care, and not in this case.
Lord Justice Aldous Lord Justice Mummery And Lord Justice Kay
 EWCA Civ 667
England and Wales
Applied – Gaskell and Chambers Ltd v Measure Master Ltd 1993
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 May 2022; Ref: scu.135466