A Fulton Company Ltd. v Totes Isotoner (UK) Ltd.

A Fulton Company Ltd. v Totes Isotoner (UK) Ltd.

A designer is entitled to prevent copying of part only of his design, provided that part is original and not excluded by statutory exceptions; Totes infringed Fultons' unregistered design right by copying an aspect of the design of part of the Miniflat case.

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
Outcome
Appeal dismissed
Legal Topics
Unregistered Design Right, Design Infringement, Copyright Designs and Patents Act 1988, Scope of Design Right
Intellectual Property Unregistered Design Right Design Infringement Copyright Designs and Patents Act 1988 Scope of Design Right

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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

Legal Issues

  1. 1 Whether unregistered design right subsists in part of an article's design
  2. 2 Whether copying part of a design constitutes infringement

Ratio Decidendi

A designer is entitled to prevent copying of part only of his design, provided that part is original and not excluded by statutory exceptions; Totes infringed Fultons' unregistered design right by copying an aspect of the design of part of the Miniflat case.

Court Disposition

Appeal dismissed

Orders

  • Totes found to have infringed unregistered design right in part of the Miniflat case
  • No cross-appeal on registered design or whole article design infringement