Scholes Windows Ltd v Magnet Ltd [1999] EWHC 263 (Ch) (05 November 1999)

Scholes Windows Ltd v Magnet Ltd [1999] EWHC 263 (Ch) (05 November 1999)

The claimant's design, though original in the copyright sense, was found to be commonplace in the relevant design field at the time of its creation. Therefore, no unregistered design right subsisted and the action for infringement failed.

Citation
[1999] EWHC 263 (Ch)
Parties
Claimant: Scholes Windows Limited; Defendant: Magnet Limited
Jurisdiction
England and Wales
Judgment Date
05 November 1999
Procedural Posture
Intellectual Property Infringement (unregistered Design Right) / First Instance Judgment
Outcome
Claim dismissed
Legal Topics
Unregistered Design Right, Copyright, Designs and Patents Act 1988, Originality, Commonplaceness, Infringement, Title to Design Right, Flagrancy of Infringement, Costs
Intellectual Property Law Unregistered Design Right Copyright, Designs and Patents Act 1988 Originality Commonplaceness Infringement Title to Design Right Flagrancy of Infringement +1 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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Scholes Windows Limited

Claimant

Magnet Limited

Defendant

Procedural Posture

Intellectual Property Infringement (unregistered Design Right) / First Instance Judgment

Legal Issues

  1. 1 Whether the claimant's design is original within the meaning of the Copyright, Designs and Patents Act 1988
  2. 2 Whether the design is commonplace in the relevant design field at the time of its creation
  3. 3 Whether the defendant copied the claimant's design

Ratio Decidendi

The claimant's design, though original in the copyright sense, was found to be commonplace in the relevant design field at the time of its creation. Therefore, no unregistered design right subsisted and the action for infringement failed.

Court Disposition

Claim dismissed

Orders

  • Action dismissed
  • Costs to be determined, with further submissions on costs and interim payment procedures discussed but not finally ordered in this judgment