Landor & Hawa International Ltd v Azure Designs Ltd

Landor & Hawa International Ltd v Azure Designs Ltd

The Expander Design was not excluded from UK or Community unregistered design right protection because it was not solely a method or principle of construction nor were its features solely dictated by technical function; alternative designs were possible and the design included non-functional elements. The quia timet injunction was justified as Azure withdrew its undertaking and threatened further infringement.

Parties
Claimant/respondent: Landor & Hawa International Ltd; Defendant/appellant: Azure Designs Ltd
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Civil Appeal / Appeal From Patents County Court (final Judgment)
Outcome
Appeal dismissed
Legal Topics
Unregistered Design Rights, Copyright, Designs and Patents Act 1988, Community Unregistered Design Rights, Designs Regulation (ec) No 6/2002, Injunctions, Quia Timet Relief
Intellectual Property Law Unregistered Design Rights Copyright, Designs and Patents Act 1988 Community Unregistered Design Rights Designs Regulation (ec) No 6/2002 Injunctions Quia Timet Relief

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Parties

Landor & Hawa International Ltd

Claimant/respondent

Azure Designs Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Patents County Court (final Judgment)

Legal Issues

  1. 1 Whether the Expander Design is excluded from UK unregistered design right protection as a 'method or principle of construction' under s.213(3)(a) CDPA 1988
  2. 2 Whether the Expander Design is excluded from Community unregistered design right protection as 'features of appearance solely dictated by technical function' under Article 8.1 of Council Regulation (EC) No 6/2002
  3. 3 Whether a quia timet injunction was properly granted despite the withdrawal of threat prior to proceedings

Ratio Decidendi

The Expander Design was not excluded from UK or Community unregistered design right protection because it was not solely a method or principle of construction nor were its features solely dictated by technical function; alternative designs were possible and the design included non-functional elements. The quia timet injunction was justified as Azure withdrew its undertaking and threatened further infringement.

Court Disposition

Appeal dismissed

Orders

  • Judge's decision upheld: Landor entitled to UKUDR and EUUDR in the Expander Design
  • Quia timet injunction against Azure confirmed