Procter & Gamble Company v Reckitt Benckiser (UK) Ltd

Procter & Gamble Company v Reckitt Benckiser (UK) Ltd

The registered Community design was validly registered, and the Air Wick Odour Stop packaging infringes it because the similarities in dominant visual features outweigh minor differences, producing the same overall impression on the informed user. None of the features are dictated solely by function, and prior art does not deprive the registered design of individual character.

Parties
Claimant: The Procter & Gamble Company; Defendant: Reckitt Benckiser (UK) Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2006
Procedural Posture
Intellectual Property Infringement / Judgment
Outcome
Registered Community design is valid and infringed.
Legal Topics
Registered Community Design, Design Infringement, Design Validity, Interpretation of Regulation EC 6/2002
Intellectual Property European Union Law Registered Community Design Design Infringement Design Validity Interpretation of Regulation EC 6/2002

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Parties

The Procter & Gamble Company

Claimant

Reckitt Benckiser (UK) Limited

Defendant

Procedural Posture

Intellectual Property Infringement / Judgment

Legal Issues

  1. 1 Whether the Air Wick Odour Stop packaging infringes registered Community design No 000097969-0001
  2. 2 Whether the registered Community design is valid under Regulation EC 6/2002

Ratio Decidendi

The registered Community design was validly registered, and the Air Wick Odour Stop packaging infringes it because the similarities in dominant visual features outweigh minor differences, producing the same overall impression on the informed user. None of the features are dictated solely by function, and prior art does not deprive the registered design of individual character.

Court Disposition

Registered Community design is valid and infringed.

Orders

  • Declaration of validity of registered Community design No 000097969-0001
  • Declaration of infringement by Reckitt Benckiser (UK) Limited