Bailey & Anor v Haynes & Ors [2006] EWPCC 5 (02 October 2006)

Bailey & Anor v Haynes & Ors [2006] EWPCC 5 (02 October 2006)

The Elite Mesh design was found to be original and not commonplace, but the design right was excluded under UKUDR as it amounted to a method or principle of construction, not a specific design. The claim under UKUDR was dismissed on this basis. The CUDR claim failed because the design was dictated solely by technical function and thus excluded from protection. There was insufficient evidence of copying by the defendants. Accordingly, no infringement was found under either UKUDR or CUDR.

Citation
[2006] EWPCC 5
Parties
Claimant: Reginald John Bailey; Claimant: Leslie Denise Bailey; Defendant: Graham Haynes; Defendant: Shirley Haynes
Jurisdiction
England and Wales
Judgment Date
02 October 2006
Procedural Posture
Intellectual Property Design Right Infringement / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Unregistered Design Right, Community Unregistered Design Right, Originality, Commonplace Exception, Method or Principle of Construction Exclusion, Functionality Exclusion, Infringement, Copying
Intellectual Property Design Law Unregistered Design Right Community Unregistered Design Right Originality Commonplace Exception Method or Principle of Construction Exclusion Functionality Exclusion +2 more

Case Brief

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Parties

Reginald John Bailey

Claimant

Leslie Denise Bailey

Claimant

Graham Haynes

Defendant

Shirley Haynes

Defendant

Procedural Posture

Intellectual Property Design Right Infringement / Trial Judgment

Legal Issues

  1. 1 Whether the Elite Mesh design is original for UK unregistered design right (UKUDR) purposes
  2. 2 Whether the Elite Mesh design is commonplace in the relevant design field
  3. 3 Whether the Elite Mesh design is excluded as a method or principle of construction under UKUDR

Ratio Decidendi

The Elite Mesh design was found to be original and not commonplace, but the design right was excluded under UKUDR as it amounted to a method or principle of construction, not a specific design. The claim under UKUDR was dismissed on this basis. The CUDR claim failed because the design was dictated solely by technical function and thus excluded from protection. There was insufficient evidence of copying by the defendants. Accordingly, no infringement was found under either UKUDR or CUDR.

Court Disposition

Claim dismissed

Orders

  • UK unregistered design right claim dismissed as excluded by method or principle of construction
  • Community unregistered design right claim dismissed as excluded by technical function