Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1936 (IPEC) (09 July 2021)

Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1936 (IPEC) (09 July 2021)

The registered designs in question do not claim an absence of surface decoration; they are claims to shape only. The ridged appearance of the accused products is not a material difference. The overall impression produced on the informed user by the defendants' Helios U/D and Helios U&D lights is not different from that produced by the registered designs 0001 and 0002. Minor differences in the mounting box and proportions are not significant to the informed user. Therefore, both accused products infringe the registered designs.

Citation
[2021] EWHC 1936 (IPEC)
Parties
Claimant: Lutec (UK) Limited; Claimant: Ningbo Utec Electric Co., Ltd; Claimant: Lampekonsulenten A/S; Defendant: Cascade Holdings Limited; Defendant: Forum Lighting Solutions Limited
Jurisdiction
England and Wales
Judgment Date
09 July 2021
Procedural Posture
Registered Design Infringement / Liability Trial
Outcome
Claim allowed; infringement found.
Legal Topics
Registered Designs, Design Infringement, Community Design Regulation, UK Design Rights, Interpretation of Registered Designs
Intellectual Property Registered Designs Design Infringement Community Design Regulation UK Design Rights Interpretation of Registered Designs

Case Brief

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Parties

Lutec (UK) Limited

Claimant

Ningbo Utec Electric Co., Ltd

Claimant

Lampekonsulenten A/S

Claimant

Cascade Holdings Limited

Defendant

Forum Lighting Solutions Limited

Defendant

Procedural Posture

Registered Design Infringement / Liability Trial

Legal Issues

  1. 1 Whether the defendants' Helios U/D and Helios U&D outdoor lights infringe the claimants' registered designs 000540927-0001 and 000540927-0002 (and their UK equivalents)
  2. 2 Whether the registered designs claim an absence of surface decoration

Ratio Decidendi

The registered designs in question do not claim an absence of surface decoration; they are claims to shape only. The ridged appearance of the accused products is not a material difference. The overall impression produced on the informed user by the defendants' Helios U/D and Helios U&D lights is not different from that produced by the registered designs 0001 and 0002. Minor differences in the mounting box and proportions are not significant to the informed user. Therefore, both accused products infringe the registered designs.

Court Disposition

Claim allowed; infringement found.

Orders

  • Declaration that the defendants' Helios U/D infringes registered design 000540927-0001 (and UK equivalent).
  • Declaration that the defendants' Helios U&D infringes registered design 000540927-0002 (and UK equivalent).