Procter & Gamble Company v Reckitt Benckiser (UK) Ltd [2006] EWHC 3154 (Ch) (13 December 2006)

Procter & Gamble Company v Reckitt Benckiser (UK) Ltd [2006] EWHC 3154 (Ch) (13 December 2006)

The registered Community design is valid as it is new and possesses individual character over the cited prior art; the Air Wick Odour Stop product infringes the registered design as it produces the same overall visual impression on the informed user, with the similarities overwhelmingly outweighing the minor differences, none of which are dictated solely by function or external constraints.

Citation
[2006] EWHC 3154 (Ch)
Parties
Claimant: The Procter & Gamble Company; Defendant: Reckitt Benckiser (UK) Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2006
Procedural Posture
Community Design Infringement and Validity Claim / First Instance Judgment
Outcome
Claim allowed; registered Community design held valid and infringed.
Legal Topics
Registered Community Designs, Design Infringement, Design Validity, Scope of Protection, Interpretation of Council Regulation EC 6/2002
Intellectual Property Design Law European Union Law Registered Community Designs Design Infringement Design Validity Scope of Protection Interpretation of Council Regulation EC 6/2002

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Parties

The Procter & Gamble Company

Claimant

Reckitt Benckiser (UK) Limited

Defendant

Procedural Posture

Community Design Infringement and Validity Claim / First Instance Judgment

Legal Issues

  1. 1 Whether the defendant's Air Wick Odour Stop product infringes the claimant's registered Community design No 000097969-0001
  2. 2 Whether the registered Community design is valid under Council Regulation EC 6/2002

Ratio Decidendi

The registered Community design is valid as it is new and possesses individual character over the cited prior art; the Air Wick Odour Stop product infringes the registered design as it produces the same overall visual impression on the informed user, with the similarities overwhelmingly outweighing the minor differences, none of which are dictated solely by function or external constraints.

Court Disposition

Claim allowed; registered Community design held valid and infringed.

Orders

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