Action Storage Systems Ltd v G-Force Europe.Com Ltd & Anor [2016] EWHC 3151 (IPEC) (07 December 2016)

Action Storage Systems Ltd v G-Force Europe.Com Ltd & Anor [2016] EWHC 3151 (IPEC) (07 December 2016)

The defendants' SuperTuff lockers were copied from the claimant's eXtreme lockers and are made substantially to the protected design, except for features excluded by the 'must fit' exception (top and bottom panels). The claimant's design is original and not commonplace. The design rights in the overall design and...

Source-derived case information.

Citation
[2016] EWHC 3151 (IPEC)
Parties
Claimant: Action Storage Systems Limited; Defendant: G-Force Europe.com Limited; Defendant: Fletcher European Containers Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2016
Procedural Posture
Intellectual Property Unregistered Design Right Infringement / Judgment After Trial
Outcome
Claimant succeeds in part; design right infringement established except for features excluded by 'must fit' exception.
Legal Topics
UK Unregistered Design Right, Design Infringement, Originality, Commonplace Design, Method or Principle of Construction, Must Fit Exception
Intellectual Property Law UK Unregistered Design Right Design Infringement Originality Commonplace Design Method or Principle of Construction Must Fit Exception

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Parties

Action Storage Systems Limited

Claimant

G-Force Europe.com Limited

Defendant

Fletcher European Containers Limited

Defendant

Procedural Posture

Intellectual Property Unregistered Design Right Infringement / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants infringed the claimant's UK unregistered design rights in plastic lockers
  2. 2 Whether the claimant's design rights subsist in the features claimed
  3. 3 Whether the designs are original and not commonplace

Ratio Decidendi

The defendants' SuperTuff lockers were copied from the claimant's eXtreme lockers and are made substantially to the protected design, except for features excluded by the 'must fit' exception (top and bottom panels). The claimant's design is original and not commonplace. The design rights in the overall design and certain features are infringed. Features excluded by s.213(3)(b)(i) ('must fit') are not protected and not infringed.

Court Disposition

Claimant succeeds in part; design right infringement established except for features excluded by 'must fit' exception.

Orders

  • Declaration of infringement of UK unregistered design right in the overall design and certain features of the eXtreme lockers, except for top and bottom panels.
  • Defendants to cease acts of infringement in relation to protected designs.