Sealed Air Ltd v Sharp Interpack Ltd & Anor [2013] EWPCC 23 (30 May 2013)

Sealed Air Ltd v Sharp Interpack Ltd & Anor [2013] EWPCC 23 (30 May 2013)

Sharpak punnets do not produce the same overall impression as Sealed Air's Registered Designs due to functional and conventional similarities, but do infringe Sealed Air's UK unregistered design rights in certain combinations of features, as copying was inferred and the relevant designs were not commonplace.

Citation
[2013] EWPCC 23
Parties
Claimant: Sealed Air Limited; Defendant: Sharp Interpack Limited; Defendant: Sharpak Aylesham Limited
Jurisdiction
England and Wales
Judgment Date
30 May 2013
Procedural Posture
Design Infringement / Judgment
Outcome
Claim for registered design infringement dismissed; claim for UK unregistered design right infringement upheld.
Legal Topics
Registered Design Infringement, Unregistered Design Right, Novelty, Individual Character, Functional Considerations, Design Corpus, Design Freedom, Infringement, Originality, Commonplace
Intellectual Property Design Law Registered Design Infringement Unregistered Design Right Novelty Individual Character Functional Considerations Design Corpus +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Sealed Air Limited

Claimant

Sharp Interpack Limited

Defendant

Sharpak Aylesham Limited

Defendant

Procedural Posture

Design Infringement / Judgment

Legal Issues

  1. 1 Whether Sharpak punnets infringe Sealed Air's UK and Community Registered Designs
  2. 2 Whether Sharpak punnets infringe Sealed Air's UK unregistered design right
  3. 3 Validity of Sealed Air's registered designs

Ratio Decidendi

Sharpak punnets do not produce the same overall impression as Sealed Air's Registered Designs due to functional and conventional similarities, but do infringe Sealed Air's UK unregistered design rights in certain combinations of features, as copying was inferred and the relevant designs were not commonplace.

Court Disposition

Claim for registered design infringement dismissed; claim for UK unregistered design right infringement upheld.

Orders

  • Action for infringement of UK and Community Registered Designs dismissed.
  • Sharpak found to have infringed Sealed Air's UK unregistered design rights in designs (ii), (iii), and (ix).