Louver -Lite Ltd v Harris Parts Ltd (t/a Harris Engineering) [2012] EWPCC 53 (23 November 2012)

Louver -Lite Ltd v Harris Parts Ltd (t/a Harris Engineering) [2012] EWPCC 53 (23 November 2012)

The Louver-Lite registered design is valid as it is novel and possesses individual character over the prior art, particularly the Amo Slimline and Amtrack designs. The Harris Valencia product produces the same overall impression as the registered design and thus infringes it. The design is not dictated solely by function, as aesthetic considerations play a role in the relevant features.

Citation
[2012] EWPCC 53
Parties
Claimant: Louver-Lite Limited; Defendant: Harris Parts Limited (Trading as Harris Engineering)
Jurisdiction
England and Wales
Judgment Date
23 November 2012
Procedural Posture
Intellectual Property Registered Community Design Infringement / Trial Judgment
Outcome
Judgment for the claimant. Registered Community Design No. 000361118-0001 is valid and infringed by the defendant.
Legal Topics
Registered Community Designs, Design Infringement, Design Validity, Novelty, Individual Character, Design Freedom, Functionality Exclusion
Intellectual Property Registered Community Designs Design Infringement Design Validity Novelty Individual Character Design Freedom Functionality Exclusion

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Parties

Louver-Lite Limited

Claimant

Harris Parts Limited (Trading as Harris Engineering)

Defendant

Procedural Posture

Intellectual Property Registered Community Design Infringement / Trial Judgment

Legal Issues

  1. 1 Whether Registered Community Design No. 000361118-0001 is valid (novelty and individual character)
  2. 2 Whether the Harris Valencia headrail infringes the registered design
  3. 3 Whether the design is dictated solely by function

Ratio Decidendi

The Louver-Lite registered design is valid as it is novel and possesses individual character over the prior art, particularly the Amo Slimline and Amtrack designs. The Harris Valencia product produces the same overall impression as the registered design and thus infringes it. The design is not dictated solely by function, as aesthetic considerations play a role in the relevant features.

Court Disposition

Judgment for the claimant. Registered Community Design No. 000361118-0001 is valid and infringed by the defendant.

Orders

  • Declaration of validity of Registered Community Design No. 000361118-0001
  • Declaration of infringement by Harris Parts Limited (Valencia product)