Chespak (Pty) Ltd v MCG Industries (Pty) Ltd (A385/12)
Chespak (Pty) Ltd v MCG Industries (Pty) Ltd (A385/12) [2014] ZAGPPHC 646; 2014 BIP 465 (GP) (27 August 2014)
The court found that the registered design is not a commonplace utilitarian object but possesses unique and distinctive aesthetic features that appeal to the eye. The definitive statement and photographs support the conclusion that the design is protected as an aesthetic design under the Act. The appellant's attempt to isolate every feature as purely functional was rejected, as many features serve both functional and aesthetic purposes. The Chespak crate was found to be strikingly similar to the registered design, with any differences being minor and immaterial. The overall impression is one…
Source excerpt
- Registered Designs
- Aesthetic Vs Functional Features
- Designs Act 195 Of 1993
- Scope Of Design Registration
- Infringement Test
- Condonation Of Late Filing