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.
Judges:
Lord Justice Aldous Lord Justice Mummery And Lord Justice Kay
Citations:
[2001] EWCA Civ 667
Links:
Statutes:
Copyright Designs and Patents Act 1988
Jurisdiction:
England and Wales
Citing:
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.
Intellectual Property
Updated: 23 May 2022; Ref: scu.135466
