ASR Interiors Ltd v AWS Trading Ltd & Anor [2022] EWHC 372 (IPEC) (24 February 2022)

ASR Interiors Ltd v AWS Trading Ltd & Anor [2022] EWHC 372 (IPEC) (24 February 2022)

The First Defendant infringed the Claimant's registered designs 6050903, 6050906, and 6051281. The First Defendant's evidence of prior public availability was unsupported and, in key instances, fabricated. The counterclaim for invalidity fails.

Citation
[2022] EWHC 372 (IPEC)
Parties
Claimant: ASR interiors limited; First Defendant: aws trading limited; Second Defendant: giatalia international limited
Jurisdiction
England and Wales
Judgment Date
24 February 2022
Procedural Posture
Intellectual Property Infringement and Validity / Trial Judgment
Outcome
Claimant succeeds; First Defendant found liable for infringement; counterclaim for invalidity dismissed.
Legal Topics
Registered Designs, Design Infringement, Design Validity, Evidence Falsification
Intellectual Property Registered Designs Design Infringement Design Validity Evidence Falsification

Case Brief

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Parties

ASR interiors limited

Claimant

aws trading limited

First Defendant

giatalia international limited

Second Defendant

Procedural Posture

Intellectual Property Infringement and Validity / Trial Judgment

Legal Issues

  1. 1 Whether the First Defendant infringed registered designs 6050903, 6050906, and 6051281
  2. 2 Whether the First Defendant's products were made available to the public before the relevant registration dates
  3. 3 Whether the First Defendant's counterclaim for invalidity succeeds

Ratio Decidendi

The First Defendant infringed the Claimant's registered designs 6050903, 6050906, and 6051281. The First Defendant's evidence of prior public availability was unsupported and, in key instances, fabricated. The counterclaim for invalidity fails.

Court Disposition

Claimant succeeds; First Defendant found liable for infringement; counterclaim for invalidity dismissed.

Orders

  • Declaration of infringement of registered designs 6050903, 6050906, and 6051281 against the First Defendant
  • Dismissal of First Defendant's counterclaim for invalidity