Innovative Water Care LLC and Another v Fludira Waterlinx (Pty) Ltd (69172/2019)
Innovative Water Care LLC and Another v Fludira Waterlinx (Pty) Ltd (69172/2019) [2019] ZAGPPHC 530; 2019 BIP 252 (GP) (25 October 2019)
The court found that the applicants' registered design specifically claimed the transparency or translucency of the tubular portion of the pool floater as a definitive feature in both the definitive and explanatory statements. This functional feature was not commonplace in the market prior to the applicants' registration and introduction of their product. The respondent's Blu52 floater embodied this protected feature, and the differences in other physical aspects were not significant enough to avoid infringement. The court distinguished the present design from an 'omnibus type' design, holdin…
Source excerpt
- Registered Design Infringement
- Functional Design
- Scope Of Protection
- Definitive Statement Interpretation