Dyson Ltd v Vax Ltd [2011] EWCA Civ 1206 (27 October 2011)
The Mach Zen vacuum cleaner does not infringe Dyson's registered design because it produces a different overall impression on the informed user, considering the significant differences in shape, configuration, and features, and taking into account the degree of design freedom and technical constraints.
- Citation
- [2011] EWCA Civ 1206
- Parties
- Appellant: Dyson Limited; Respondent: Vax Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 27 October 2011
- Procedural Posture
- Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (chancery Division)
- Outcome
- Appeal dismissed
- Legal Topics
- Registered Designs, Design Infringement, Scope of Protection, Designs Directive 98/71, Registered Designs Act 1949
Case Brief
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Parties
Dyson Limited
Appellant
Vax Limited
Respondent
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Legal Issues
- 1 Whether Vax's Mach Zen vacuum cleaner infringes Dyson's UK registered design No. 2,043,779 by producing the same overall impression on the informed user
Ratio Decidendi
The Mach Zen vacuum cleaner does not infringe Dyson's registered design because it produces a different overall impression on the informed user, considering the significant differences in shape, configuration, and features, and taking into account the degree of design freedom and technical constraints.
Court Disposition
Appeal dismissed
Orders
- No finding of infringement of Dyson's registered design by Vax's Mach Zen vacuum cleaner
- No order for retrial or reconsideration
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