Action Storage Systems Ltd v G-Force Europe.Com Ltd & Anor

Action Storage Systems Ltd v G-Force Europe.Com Ltd & Anor

The defendants' SuperTuff lockers were copied from the claimant's eXtreme lockers and made substantially to the protected design, except for features excluded by the 'must fit' provision. The claimant's design rights subsisted in the overall design and certain features, which were infringed by the defendants' acts. Secondary infringement was established as the defendants had knowledge or reason to believe their articles were infringing.

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 / Final Judgment
Outcome
Claimant succeeds; primary and secondary infringement established.
Legal Topics
UK Unregistered Design Rights, Originality, Commonplace Design, Method or Principle of Construction, Must Fit Exclusion, Infringement
Intellectual Property Design Rights UK Unregistered Design Rights Originality Commonplace Design Method or Principle of Construction Must Fit Exclusion Infringement

Case Brief

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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 / Final Judgment

Legal Issues

  1. 1 Whether the design of the eXtreme lockers is original and not commonplace
  2. 2 Whether features of the eXtreme lockers constitute a method or principle of construction
  3. 3 Whether features are excluded by the 'must fit' provision

Ratio Decidendi

The defendants' SuperTuff lockers were copied from the claimant's eXtreme lockers and made substantially to the protected design, except for features excluded by the 'must fit' provision. The claimant's design rights subsisted in the overall design and certain features, which were infringed by the defendants' acts. Secondary infringement was established as the defendants had knowledge or reason to believe their articles were infringing.

Court Disposition

Claimant succeeds; primary and secondary infringement established.

Orders

  • Declaration of infringement of design rights in the overall design, overall dimensions and proportions, shape of oval indentation, shape of side panel, and shape of rear panel of eXtreme lockers.
  • Features excluded by 'must fit' provision are not protected by design right.