DKH Retail Ltd v H. Young (Operations) Ltd

DKH Retail Ltd v H. Young (Operations) Ltd

DKH's First and Second Designs are original, not commonplace, and protected under UK unregistered design right and Community unregistered design law; ownership validly assigned to DKH; H Young's Glaisdale gilet was made substantially to the designs and infringed both rights from 14 days after receipt of the letter before action; no additional damages awarded under Art.13(1) of the Enforcement Directive.

Parties
Claimant: DKH Retail Limited; Defendant: H. Young (Operations) Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2014
Procedural Posture
Intellectual Property Infringement / Judgment
Outcome
Claimant succeeds in infringement claims for UK unregistered design right and Community unregistered design; no additional damages awarded.
Legal Topics
UK Unregistered Design Right, Community Unregistered Design, Design Infringement, Ownership and Assignment, Commonplace Design, Technical Function Exclusion, Complex Product, Individual Character, Damages
Intellectual Property Design Law UK Unregistered Design Right Community Unregistered Design Design Infringement Ownership and Assignment Commonplace Design Technical Function Exclusion +3 more

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Parties

DKH Retail Limited

Claimant

H. Young (Operations) Limited

Defendant

Procedural Posture

Intellectual Property Infringement / Judgment

Legal Issues

  1. 1 Whether the designs claimed are protected under UK unregistered design right and Community unregistered design law
  2. 2 Whether the designs are original or commonplace
  3. 3 Ownership and assignment of design rights

Ratio Decidendi

DKH's First and Second Designs are original, not commonplace, and protected under UK unregistered design right and Community unregistered design law; ownership validly assigned to DKH; H Young's Glaisdale gilet was made substantially to the designs and infringed both rights from 14 days after receipt of the letter before action; no additional damages awarded under Art.13(1) of the Enforcement Directive.

Court Disposition

Claimant succeeds in infringement claims for UK unregistered design right and Community unregistered design; no additional damages awarded.

Orders

  • Declaration of infringement of UK unregistered design right and Community unregistered design by H Young from 14 days after receipt of letter before action.
  • No damages awarded under Art.13(1) Enforcement Directive.