The defendants were accused of infringement of a UK unregistered design right in a beer glass: ‘The Defendants admit that the exterior dimensions of their Aspire product were copied from the Claimant’s Aspen glass. However they stress that neither the internal dimensions nor the wall thickness were copied. Both of these differences arise from the fact that the Defendants’ product is made of polycarbonate rather than glass. The major issue in relation to the unregistered design right claim was subsistence, and in particular whether the designs relied upon by the Claimant were commonplace. ‘
Douglas Campbell Rec
[2013] EWHC 3483 (IPEC)
Bailii
England and Wales
Updated: 12 August 2021; Ref: scu.518006