Dyson Ltd v Vax Ltd
The Mach Zen vacuum cleaner produces a different overall impression on the informed user compared to Dyson's registered design, due to significant differences in design features and overall appearance. The similarities are either dictated by technical function or are not significant enough to outweigh the differences. Therefore, there is no infringement of the registered design.
- Parties
- Appellant: Dyson Limited; Respondent: Vax Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 27 October 2011
- Procedural Posture
- Civil Appeal / Judgment on Appeal From High Court
- Outcome
- appeal dismissed
- Legal Topics
- Registered Designs, Design Infringement, Scope of Protection, Design Freedom
Case Brief
Summary, issues, holding and outcome
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Parties
Dyson Limited
Appellant
Vax Limited
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Legal Issues
- 1 Whether Vax's Mach Zen vacuum cleaner infringes Dyson's UK registered design No. 2,043,779
- 2 Proper scope of protection for a registered design under the Designs Directive 98/71
- 3 Assessment of overall impression on the informed user
Ratio Decidendi
The Mach Zen vacuum cleaner produces a different overall impression on the informed user compared to Dyson's registered design, due to significant differences in design features and overall appearance. The similarities are either dictated by technical function or are not significant enough to outweigh the differences. Therefore, there is no infringement of the registered design.
Court Disposition
appeal dismissed
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