Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178 (27 February 2024)

Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178 (27 February 2024)

The Court held that the judge was correct to interpret the Registered Designs as including an integrated light and snow effect, that the grace period excludes designer's own disclosures from the design corpus for both validity and infringement if they do not produce a different overall impression, and that the overall impression must be assessed as at the priority date. The judge's multi-factorial assessment of the overall impression was upheld, and the similarities between the Aldi and M&S products were sufficient that Aldi's products did not produce a different overall impression. The appeal was dismissed.

Citation
[2024] EWCA Civ 178
Parties
Claimant/respondent: Marks and Spencer plc; Defendant/appellant: Aldi Stores Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (ipec)
Outcome
Appeal dismissed
Legal Topics
Registered Designs, Design Infringement, Scope of Protection, Grace Period, Priority Date, Interpretation of Registered Designs
Intellectual Property Design Law Registered Designs Design Infringement Scope of Protection Grace Period Priority Date Interpretation of Registered Designs

Case Brief

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Parties

Marks and Spencer plc

Claimant/respondent

Aldi Stores Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (ipec)

Legal Issues

  1. 1 Whether Aldi's products infringe M&S's UK Registered Designs Nos. 6134278, 6134280, 6134282 and 6134284
  2. 2 Interpretation of the scope of the Registered Designs, specifically the presence of an integrated light and snow effect
  3. 3 Effect of the grace period on the design corpus for infringement analysis

Ratio Decidendi

The Court held that the judge was correct to interpret the Registered Designs as including an integrated light and snow effect, that the grace period excludes designer's own disclosures from the design corpus for both validity and infringement if they do not produce a different overall impression, and that the overall impression must be assessed as at the priority date. The judge's multi-factorial assessment of the overall impression was upheld, and the similarities between the Aldi and M&S products were sufficient that Aldi's products did not produce a different overall impression. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Aldi Stores Limited is dismissed.
  • The order of His Honour Judge Hacon granting relief for infringement of the Registered Designs stands.