Mainetti (UK) Ltd v Hangerlogic UK Limited [2012] EWPCC 42 (24 October 2012)

Mainetti (UK) Ltd v Hangerlogic UK Limited [2012] EWPCC 42 (24 October 2012)

All three Mainetti registered designs are valid as they differ from prior art in material respects and are not variants commonly used in the trade. Hangerlogic's hangers, including redesigns, give the same overall impression as Mainetti's registered designs to the informed user and therefore infringe under the Designs Directive.

Citation
[2012] EWPCC 42
Parties
Claimant: Mainetti (UK) Limited; Defendant: Hangerlogic UK Limited; Claimant: Hangerlogic UK Limited; Defendant: Mainetti (UK) Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Registered Design Infringement and Declaration / Judgment After Trial
Outcome
All Hangerlogic hangers in issue infringe Mainetti's registered designs; all registered designs are valid.
Legal Topics
Registered Designs, Design Infringement, Design Validity, Designs Directive, Prior Art, Design Corpus
Intellectual Property Designs Law Registered Designs Design Infringement Design Validity Designs Directive Prior Art Design Corpus

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Parties

Mainetti (UK) Limited

Claimant

Hangerlogic UK Limited

Defendant

Hangerlogic UK Limited

Claimant

Mainetti (UK) Limited

Defendant

Procedural Posture

Registered Design Infringement and Declaration / Judgment After Trial

Legal Issues

  1. 1 Are Mainetti's registered designs valid under the Registered Designs Act 1949?
  2. 2 Do Hangerlogic's hangers infringe Mainetti's registered designs under the Designs Directive?
  3. 3 Does redesign by Hangerlogic avoid infringement?

Ratio Decidendi

All three Mainetti registered designs are valid as they differ from prior art in material respects and are not variants commonly used in the trade. Hangerlogic's hangers, including redesigns, give the same overall impression as Mainetti's registered designs to the informed user and therefore infringe under the Designs Directive.

Court Disposition

All Hangerlogic hangers in issue infringe Mainetti's registered designs; all registered designs are valid.

Orders

  • Court invites submissions as to the form of relief to be granted.