J Mac Safety Systems Limited v Q Deck Safety Systems Limited

J Mac Safety Systems Limited v Q Deck Safety Systems Limited

The Macdeck 1x1 Panel Perimeter Design is original, not solely dictated by technical function, not commonplace, and not excluded under s.213(3) CDPA. The Q Deck 1x1 Panel infringes the Macdeck 1x1 Panel Perimeter Design by copying and making articles substantially to that design. Other Macdeck Designs (1x1 Panel, 0.75x1 Panel, Pin) are not infringed as Q Deck Components are not made exactly or substantially to those designs. The Macdeck System was made available for sale or hire in 2016, limiting protection to 10 years from end of 2016.

Parties
Claimant: J. Mac Safety Systems Limited; Defendant: Q Deck Safety Systems Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2025
Procedural Posture
Intellectual Property/design Right Infringement / Final Judgment After Trial
Outcome
Claimant partially succeeds; infringement found only for Macdeck 1x1 Panel Perimeter Design; passing off admitted; other claims dismissed.
Legal Topics
Unregistered Design Right, Design Infringement, Originality, Commonplace, Method or Principle of Construction, Interface Provision, Surface Decoration, Passing Off
Intellectual Property Design Law Unregistered Design Right Design Infringement Originality Commonplace Method or Principle of Construction Interface Provision +2 more

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Parties

J. Mac Safety Systems Limited

Claimant

Q Deck Safety Systems Limited

Defendant

Procedural Posture

Intellectual Property/design Right Infringement / Final Judgment After Trial

Legal Issues

  1. 1 Subsistence of UK Unregistered Design Right in Macdeck Designs
  2. 2 Originality of Macdeck Designs under s.213 CDPA
  3. 3 Commonplace features in Macdeck Designs

Ratio Decidendi

The Macdeck 1x1 Panel Perimeter Design is original, not solely dictated by technical function, not commonplace, and not excluded under s.213(3) CDPA. The Q Deck 1x1 Panel infringes the Macdeck 1x1 Panel Perimeter Design by copying and making articles substantially to that design. Other Macdeck Designs (1x1 Panel, 0.75x1 Panel, Pin) are not infringed as Q Deck Components are not made exactly or substantially to those designs. The Macdeck System was made available for sale or hire in 2016, limiting protection to 10 years from end of 2016.

Court Disposition

Claimant partially succeeds; infringement found only for Macdeck 1x1 Panel Perimeter Design; passing off admitted; other claims dismissed.

Orders

  • Declaration of infringement of Macdeck 1x1 Panel Perimeter Design by Q Deck 1x1 Panel
  • Declaration of passing off; Defendant submits to judgment