INTELLECTUAL PROPERTY LAW

In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat) lasted just over an hour. In his judgment published on 9 July 2021, Deputy High Court Judge David Stone found that four registered designs were infringed by two outdoor light fittings, known as the Helios Up Or Down light (Helios U/D) and the Helios Up And Down light (Helios U&D). The judge attributed the rapid resolution to “thorough prepar

How can you stop someone from systematically copying your brand? What if it went further than just your designs and covered everything from your marketing strategy to your models? This major new UK fashion case shows the consequences which range from the predictable (copying valid designs has consequences) to the surprising (it isn't necessarily possible to stop all copycat behaviour). This case is a bit of a marathon read but it's a fantastic primer for anyone wanting to und

Designs are one of the key IP rights for the gaming and fashion industries but they are complex and consequently poorly understood. There are two key categories of design: registered and unregistered designs. They are best known for protecting three dimensional products but a little known fact is that they can also protect logos and graphical user interfaces. Given the shift to remote and virtual living, protecting digital assets is more important than ever. The European Comm

My final IPKat post was dedicated to one of my favourite IP topics - designs. They are forgotten and misunderstood rights which is a shame because they straddle the issues facing all of the different IP rights. It's hard to truly understand designs without also understanding trade mark, patent and copyright law first. This post is a whistle stop tour of some recent design decisions you may have missed and the first in a regular series of six monthly posts on this topic which

UK unregistered design right (UK UDR) is a handy IP right which is often overlooked by rightsholders.  It protects the shape or configuration of the whole or part of a product for ten years from the date the design was first (or 15 years from the date it was first recorded in a design document if that period is shorter).  UK UDR does not protect surface decoration (unlike Community  unregistered design right and registered designs).  Since the recent procedural reforms in t

Four years is a long time in politics but not a particularly long time in the land of government reports. Just under four years ago the UK Intellectual Property Office commissioned research to address the lack of existing data on design infringement. The results of that research were recently published. Designs are an important part of the UK economy. In 2015, the UK design economy was worth 6% of the nation’s total economy. It was therefore considered a worthwhile exercise t

Although it is a case management decision, there are so many hints in the recent decision Spin Master v PMS [2017] EWHC 1477 (Pat) that Mr Justice Carr wants the judgment to get wider circulation.  As he puts it, the CMC raised the issue of "how to achieve short, cost-effective hearings where one or perhaps both parties are preparing for a much longer trial." Background to the dispute This dispute concerns alleged infringement of a Community registered design (002614669-0002)