DKH Retail Ltd v H. Young (Operations) Ltd [2014] EWHC 4034 (IPEC) (08 December 2014)

DKH Retail Ltd v H. Young (Operations) Ltd [2014] EWHC 4034 (IPEC) (08 December 2014)

The claimant's designs were original, not commonplace, and not excluded by statutory exceptions. The defendant's Glaisdale gilet was made substantially to the claimant's designs. The claimant owned the relevant rights by valid assignment. The defendant had the requisite knowledge for secondary infringement from 14 days after receipt of the letter before action.

Citation
[2014] EWHC 4034 (IPEC)
Parties
Claimant: DKH Retail Limited; Defendant: H. Young (Operations) Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2014
Procedural Posture
Intellectual Property Infringement (design Rights) / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
UK Unregistered Design Right, Community Unregistered Design, Design Infringement, Originality, Ownership, Commonplace Design, Must Fit Exception, Method or Principle of Construction, Knowledge Requirement for Secondary Infringement
Intellectual Property Law UK Unregistered Design Right Community Unregistered Design Design Infringement Originality Ownership Commonplace Design Must Fit Exception +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DKH Retail Limited

Claimant

H. Young (Operations) Limited

Defendant

Procedural Posture

Intellectual Property Infringement (design Rights) / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant's designs qualify for UK unregistered design right and Community unregistered design protection
  2. 2 Whether the designs are original and not commonplace
  3. 3 Whether the defendant's product infringes the claimant's design rights

Ratio Decidendi

The claimant's designs were original, not commonplace, and not excluded by statutory exceptions. The defendant's Glaisdale gilet was made substantially to the claimant's designs. The claimant owned the relevant rights by valid assignment. The defendant had the requisite knowledge for secondary infringement from 14 days after receipt of the letter before action.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the claimant's First and Second Designs qualify for UK unregistered design right and Community unregistered design protection
  • Declaration that the defendant's Glaisdale gilet infringes the claimant's design rights