Marks & Spencer PLC v Aldi Stores Limited

Marks & Spencer PLC v Aldi Stores Limited

Disclosures by the designer during the grace period must be disregarded for both validity and infringement, and the overall impression of the registered design is to be assessed as at the priority date. The judge’s multi-factorial comparison of the overall impressions was correct, and Aldi’s products do not produce a different overall impression from the registered designs.

Parties
Claimant/respondent: Marks and Spencer PLC; Defendant/appellant: Aldi Stores Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Registered Designs, Designs Directive, Infringement, Grace Period, Priority Date, Design Corpus, Interpretation of Registered Designs
Intellectual Property Commercial Law Registered Designs Designs Directive Infringement Grace Period Priority Date Design Corpus +1 more

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Parties

Marks and Spencer PLC

Claimant/respondent

Aldi Stores Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Interpretation of registered designs and scope of protection
  2. 2 Effect of designer's disclosures during grace period on infringement
  3. 3 Relevant date for assessment of overall impression

Ratio Decidendi

Disclosures by the designer during the grace period must be disregarded for both validity and infringement, and the overall impression of the registered design is to be assessed as at the priority date. The judge’s multi-factorial comparison of the overall impressions was correct, and Aldi’s products do not produce a different overall impression from the registered designs.

Court Disposition

Appeal dismissed

Orders

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