Chiaro Technology Ltd v Mayborn (UK) Ltd [2023] EWHC 2417 (Pat) (05 October 2023)

Chiaro Technology Ltd v Mayborn (UK) Ltd [2023] EWHC 2417 (Pat) (05 October 2023)

The court held that the anterior (outer) shape of the pump, the breast shield, and certain features of the milk collection vessel (MCV) in Chiaro's registered designs are solely dictated by technical function and thus excluded from protection under section 1C(1) of the Registered Designs Act 1949. After excluding...

Source-derived case information.

Citation
[2023] EWHC 2417 (Pat)
Parties
Claimant: Chiaro Technology Limited; Defendant: Mayborn (UK) Limited
Jurisdiction
England and Wales
Judgment Date
05 October 2023
Procedural Posture
Registered Design Infringement Claim / First Instance Judgment
Outcome
Claim dismissed
Legal Topics
Registered Designs, Design Infringement, Technical Function Exclusion, Design Freedom, Overall Impression Test
Intellectual Property Law Registered Designs Design Infringement Technical Function Exclusion Design Freedom Overall Impression Test

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Summary, issues, holding and outcome

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Parties

Chiaro Technology Limited

Claimant

Mayborn (UK) Limited

Defendant

Procedural Posture

Registered Design Infringement Claim / First Instance Judgment

Legal Issues

  1. 1 Whether Mayborn's 'Made for Me Wearable Breast Pump' infringes Chiaro's registered designs for breast pumps under the Registered Designs Act 1949
  2. 2 Whether features of the registered designs are excluded from protection as being solely dictated by technical function under section 1C(1) of the Act
  3. 3 How to assess design freedom and the overall impression on the informed user

Ratio Decidendi

The court held that the anterior (outer) shape of the pump, the breast shield, and certain features of the milk collection vessel (MCV) in Chiaro's registered designs are solely dictated by technical function and thus excluded from protection under section 1C(1) of the Registered Designs Act 1949. After excluding these features, the remaining aspects of the registered designs do not produce the same overall impression as the Mayborn MFM product on the informed user. Therefore, Mayborn's product does not infringe Chiaro's registered designs.

Court Disposition

Claim dismissed

Orders

  • Claim for infringement of registered designs dismissed
  • No injunction or relief granted against Mayborn (UK) Limited