Dyson Ltd v Vax Ltd
The overall impression produced by Vax's Mach Zen vacuum cleaner is different from that produced by Dyson's Registered Design, considering the informed user, the existing design corpus, and the degree of design freedom. Even with a broad scope of protection, the similarities are not significant and the differences are substantial, so infringement is not established.
- Parties
- Claimant: Dyson Limited; Defendant: Vax Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 29 July 2010
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Registered Designs, Design Infringement, Scope of Protection, Designs Directive, Technical Function Exclusion
Case Brief
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Parties
Dyson Limited
Claimant
Vax Limited
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether Vax's Mach Zen vacuum cleaner infringes Dyson's UK Registered Design No. 2,043,779
- 2 Effect of statement of novelty under pre-implementation 1949 Act
- 3 Interpretation of 'features dictated solely by technical function' under Article 7(1) of the Designs Directive
Ratio Decidendi
The overall impression produced by Vax's Mach Zen vacuum cleaner is different from that produced by Dyson's Registered Design, considering the informed user, the existing design corpus, and the degree of design freedom. Even with a broad scope of protection, the similarities are not significant and the differences are substantial, so infringement is not established.
Court Disposition
Claim dismissed
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