Utopia Tableware Ltd v BBP Marketing Ltd & Anor

Utopia Tableware Ltd v BBP Marketing Ltd & Anor

The Claimant's Aspen design was not commonplace and was original in the relevant design field. Design right subsisted in the profile of the outer surfaces (feature 1(a)), which was owned by the Claimant and infringed by the Defendants' Aspire glass. The registered design was valid, had individual character over the...

Source-derived case information.

Parties
Claimant: Utopia Tableware Limited; Defendant: BBP Marketing Limited; Defendant: The British Bung Manufacturing Company Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2013
Procedural Posture
Intellectual Property (design Infringement) / Judgment After Full Trial
Outcome
Judgment for the Claimant
Legal Topics
UK Unregistered Design Right, Registered Design Infringement, Originality, Commonplace Designs, Ownership of Design Rights, Individual Character, Design Corpus, Design Freedom, Infringement Test
Intellectual Property Design Law UK Unregistered Design Right Registered Design Infringement Originality Commonplace Designs Ownership of Design Rights Individual Character +3 more

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Parties

Utopia Tableware Limited

Claimant

BBP Marketing Limited

Defendant

The British Bung Manufacturing Company Limited

Defendant

Procedural Posture

Intellectual Property (design Infringement) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the Claimant's unregistered design right subsists and is owned by the Claimant
  2. 2 Whether the Claimant's registered design is valid and owned by the Claimant
  3. 3 Whether the Claimant's designs are original or commonplace

Ratio Decidendi

The Claimant's Aspen design was not commonplace and was original in the relevant design field. Design right subsisted in the profile of the outer surfaces (feature 1(a)), which was owned by the Claimant and infringed by the Defendants' Aspire glass. The registered design was valid, had individual character over the prior art, and was also infringed by the Defendants' product, as the overall impression was the same.

Court Disposition

Judgment for the Claimant

Orders

  • Declaration that UK unregistered design right subsists in feature 1(a) of the Aspen design and is owned by the Claimant
  • Declaration that the registered design is valid and owned by the Claimant