J Mac Safety Systems Ltd v Q Deck Safety Systems Ltd [2025] EWHC 2241 (Pat) (04 September 2025)

J Mac Safety Systems Ltd v Q Deck Safety Systems Ltd [2025] EWHC 2241 (Pat) (04 September 2025)

The Macdeck Designs are original under the applicable EU 'intellectual creation' test, not solely dictated by technical function, and not commonplace at the relevant date. The features in issue are not excluded by method or principle of construction, must-fit/interface, or surface decoration provisions. The Q Deck Components were made exactly or substantially to the Macdeck Designs and were copied from them. The Defendant knew or had reason to believe the Q Deck Components were infringing articles. The relevant date for first availability of articles made to the Macdeck Designs is as found in favour of the Defendant's case. The Claimant is entitled to relief for infringement of...

Citation
[2025] EWHC 2241 (Pat)
Parties
Claimant: J. Mac Safety Systems Limited; Defendant: Q Deck Safety Systems Limited
Jurisdiction
England and Wales
Judgment Date
04 September 2025
Procedural Posture
Intellectual Property Unregistered Design Right Infringement / Final Judgment After Trial on Liability and Partial Quantum
Outcome
Judgment for the Claimant on unregistered design right infringement and passing off; registered design claim discontinued.
Legal Topics
Unregistered Design Right, Design Infringement, Originality, Commonplace, Method or Principle of Construction, Must Fit/interface Provision, Surface Decoration, Ownership of Design Rights, Damages Inquiry
Intellectual Property Law Unregistered Design Right Design Infringement Originality Commonplace Method or Principle of Construction Must Fit/interface Provision Surface Decoration +2 more

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Parties

J. Mac Safety Systems Limited

Claimant

Q Deck Safety Systems Limited

Defendant

Procedural Posture

Intellectual Property Unregistered Design Right Infringement / Final Judgment After Trial on Liability and Partial Quantum

Legal Issues

  1. 1 Whether the features of the Macdeck Designs are original under s.213(1) CDPA
  2. 2 Whether features are excluded as method or principle of construction, must-fit/interface, or surface decoration under s.213(3) CDPA
  3. 3 Whether features are commonplace under s.213(4) CDPA

Ratio Decidendi

The Macdeck Designs are original under the applicable EU 'intellectual creation' test, not solely dictated by technical function, and not commonplace at the relevant date. The features in issue are not excluded by method or principle of construction, must-fit/interface, or surface decoration provisions. The Q Deck Components were made exactly or substantially to the Macdeck Designs and were copied from them. The Defendant knew or had reason to believe the Q Deck Components were infringing articles. The relevant date for first availability of articles made to the Macdeck Designs is as found in favour of the Defendant's case. The Claimant is entitled to relief for infringement of...

Court Disposition

Judgment for the Claimant on unregistered design right infringement and passing off; registered design claim discontinued.

Orders

  • Declaration of infringement of unregistered design right by Defendant
  • Declaration of passing off by Defendant (by consent)