Neptune (Europe) Ltd v Devol Kitchens Ltd [2017] EWHC 2172 (Pat) (25 August 2017)

Neptune (Europe) Ltd v Devol Kitchens Ltd [2017] EWHC 2172 (Pat) (25 August 2017)

Neptune failed to prove that DeVOL's Shaker range was copied from the Chichester range or that the relevant features were protected by UK unregistered design right. The features relied upon were either not original, were commonplace, or constituted methods/principles of construction. The cock-beading and moulding could not be excluded as surface decoration. The amendment to section 213(2) was not fully retrospective but applied to post-October 2014 acts. DeVOL's Shaker range was derived from its Classic range, not from Neptune's Chichester range. No infringement was established.

Citation
[2017] EWHC 2172 (Pat)
Parties
Claimant: Neptune (Europe) Limited; Defendant: DeVOL Kitchens Limited
Jurisdiction
England and Wales
Judgment Date
25 August 2017
Procedural Posture
Intellectual Property Infringement (design Rights) / First Instance Judgment
Outcome
Claim dismissed
Legal Topics
UK Unregistered Design Right, Community Registered Design, Design Infringement, Copyright (abandoned), Unjustified Threats (abandoned)
Intellectual Property Law UK Unregistered Design Right Community Registered Design Design Infringement Copyright (abandoned) Unjustified Threats (abandoned)

Case Brief

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Parties

Neptune (Europe) Limited

Claimant

DeVOL Kitchens Limited

Defendant

Procedural Posture

Intellectual Property Infringement (design Rights) / First Instance Judgment

Legal Issues

  1. 1 Whether DeVOL's Shaker kitchen range infringes Neptune's UK unregistered design rights in the Chichester range
  2. 2 Whether Neptune can exclude certain features (e.g. cock-beading and moulding) from the design right claim
  3. 3 Whether the amendment to section 213(2) of the Copyright, Designs and Patents Act 1988 is retrospective

Ratio Decidendi

Neptune failed to prove that DeVOL's Shaker range was copied from the Chichester range or that the relevant features were protected by UK unregistered design right. The features relied upon were either not original, were commonplace, or constituted methods/principles of construction. The cock-beading and moulding could not be excluded as surface decoration. The amendment to section 213(2) was not fully retrospective but applied to post-October 2014 acts. DeVOL's Shaker range was derived from its Classic range, not from Neptune's Chichester range. No infringement was established.

Court Disposition

Claim dismissed

Orders

  • Neptune's claim for infringement of UK unregistered design right is dismissed.
  • Neptune's claim for infringement of Community Registered Design is dismissed.