Kohler Mira Ltd v Bristan Group Ltd [2013] EWPCC 2 (28 January 2013)

Kohler Mira Ltd v Bristan Group Ltd [2013] EWPCC 2 (28 January 2013)

Neither Bristan's Glee, Joy, nor Smile products infringe Mira's Registered Community Designs 000578463-0001 or 000578463-0002, as they produce a different overall impression, particularly due to the absence of a transparent front plate and other key design features. Mira's UK unregistered design right subsists in the Azora design as a whole and in certain combinations of features, but not in individual commonplace aspects. However, Bristan's products do not infringe Mira's UK UDR because, despite similarities, Bristan provided a credible explanation of independent design and the evidence does not support a finding of copying by the relevant Bristan personnel.

Citation
[2013] EWPCC 2
Parties
Claimant: Kohler Mira Limited; Defendant: Bristan Group Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2013
Procedural Posture
Design Right Infringement (community and UK Unregistered) / Judgment After Trial
Outcome
All claims dismissed.
Legal Topics
Community Registered Design Right, UK Unregistered Design Right, Design Infringement, Individual Character, Commonplace Design, Independent Design, Scope of Protection
Intellectual Property Law Community Registered Design Right UK Unregistered Design Right Design Infringement Individual Character Commonplace Design Independent Design Scope of Protection

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Parties

Kohler Mira Limited

Claimant

Bristan Group Limited

Defendant

Procedural Posture

Design Right Infringement (community and UK Unregistered) / Judgment After Trial

Legal Issues

  1. 1 Whether Bristan's Glee, Joy, and Smile shower units infringe Mira's Registered Community Designs (RCDs) 000578463-0001 and 000578463-0002
  2. 2 Whether Bristan's products infringe Mira's UK unregistered design right (UDR) in the Azora shower
  3. 3 Whether Mira's RCDs lack individual character and are invalid

Ratio Decidendi

Neither Bristan's Glee, Joy, nor Smile products infringe Mira's Registered Community Designs 000578463-0001 or 000578463-0002, as they produce a different overall impression, particularly due to the absence of a transparent front plate and other key design features. Mira's UK unregistered design right subsists in the Azora design as a whole and in certain combinations of features, but not in individual commonplace aspects. However, Bristan's products do not infringe Mira's UK UDR because, despite similarities, Bristan provided a credible explanation of independent design and the evidence does not support a finding of copying by the relevant Bristan personnel.

Court Disposition

All claims dismissed.

Orders

  • Claim for infringement of Registered Community Designs 000578463-0001 and 000578463-0002 dismissed.
  • Claim for infringement of UK unregistered design right dismissed.