A Fulton Company Ltd. v Totes Isotoner (UK) Ltd. [2003] EWCA Civ 1514 (04 November 2003)

A Fulton Company Ltd. v Totes Isotoner (UK) Ltd. [2003] EWCA Civ 1514 (04 November 2003)

Unregistered design right can subsist in any aspect of the shape or configuration of part of an article. Copying a part of a design, if that part is original and not excluded by statute, constitutes infringement. The statutory language, case law, and academic commentary all support this interpretation. The appeal fails because Totes copied an aspect of the design of part of the Miniflat case, which is protected under s.213(2).

Citation
[2003] EWCA Civ 1514
Parties
Claimant/respondent: A Fulton Company Limited; Defendant/appellant: Totes Isotoner (UK) Limited
Jurisdiction
England and Wales
Judgment Date
04 November 2003
Procedural Posture
Civil Appeal / Appeal From Patents County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unregistered Design Right, Registered Design, Design Infringement, Copyright Designs and Patents Act 1988, Scope of Design Right, Part of Article Protection
Intellectual Property Law Unregistered Design Right Registered Design Design Infringement Copyright Designs and Patents Act 1988 Scope of Design Right Part of Article Protection

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Parties

A Fulton Company Limited

Claimant/respondent

Totes Isotoner (UK) Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Patents County Court to Court of Appeal

Legal Issues

  1. 1 Whether unregistered design right can subsist in part of an article's design under s.213(2) of the Copyright Designs and Patents Act 1988
  2. 2 Whether copying part of a design constitutes infringement of unregistered design right

Ratio Decidendi

Unregistered design right can subsist in any aspect of the shape or configuration of part of an article. Copying a part of a design, if that part is original and not excluded by statute, constitutes infringement. The statutory language, case law, and academic commentary all support this interpretation. The appeal fails because Totes copied an aspect of the design of part of the Miniflat case, which is protected under s.213(2).

Court Disposition

Appeal dismissed

Orders

  • Judgment for the respondent (A Fulton Company Limited)
  • No change to the lower court's finding that Totes infringed unregistered design right in part of the Miniflat case