Neptune (Europe) Ltd v Devol Kitchens Ltd

Neptune (Europe) Ltd v Devol Kitchens Ltd

None of the DeVOL Shaker range units considered infringed Neptune's UK unregistered design rights in the Chichester range, as the physical manifestations were not substantially reproduced and differences were significant. The Community Registered Design was valid but not infringed, as the overall impression of the DeVOL product was different. Features Neptune sought to exclude could not be excluded as surface decoration. The amendment to section 213(2) was not fully retrospective but applied to acts after 1 October 2014. The features relied upon by Neptune were not copied from the Chichester range but derived from DeVOL's Classic range or were standard in the industry.

Parties
Claimant: Neptune (Europe) Limited; Defendant: DeVOL Kitchens Limited
Jurisdiction
England and Wales
Judgment Date
25 August 2017
Procedural Posture
Intellectual Property (design Right and Registered Design) / Judgment After Trial
Outcome
Claim and Counterclaim dismissed
Legal Topics
UK Unregistered Design Right, Community Registered Design, Infringement, Originality, Copying, Method or Principle of Construction, Surface Decoration, Retrospective Legislation
Intellectual Property Design Law UK Unregistered Design Right Community Registered Design Infringement Originality Copying Method or Principle of Construction +2 more

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Parties

Neptune (Europe) Limited

Claimant

DeVOL Kitchens Limited

Defendant

Procedural Posture

Intellectual Property (design Right and Registered Design) / Judgment After Trial

Legal Issues

  1. 1 Whether DeVOL's Shaker range infringed Neptune's UK unregistered design rights in the Chichester range
  2. 2 Whether DeVOL's Shaker range infringed Neptune's Community Registered Design
  3. 3 Whether certain features could be excluded from the design right claim as surface decoration or otherwise

Ratio Decidendi

None of the DeVOL Shaker range units considered infringed Neptune's UK unregistered design rights in the Chichester range, as the physical manifestations were not substantially reproduced and differences were significant. The Community Registered Design was valid but not infringed, as the overall impression of the DeVOL product was different. Features Neptune sought to exclude could not be excluded as surface decoration. The amendment to section 213(2) was not fully retrospective but applied to acts after 1 October 2014. The features relied upon by Neptune were not copied from the Chichester range but derived from DeVOL's Classic range or were standard in the industry.

Court Disposition

Claim and Counterclaim dismissed

Orders

  • Claim dismissed
  • Counterclaim dismissed