NIPC Law

  Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbsell QC)  ASR Interiors Ltd v AWS Trading Ltd   [2022] EWHC 372 (IPEC) (24 Feb 2022) This was an action for the infringement of the following registered designs and a counterclaim for declarations that those registrations were invalid: Design number 6050903 for a Crushed Diamond Mirrored Sideboard; Design number  6050906  for Articles of adornment; and  Design number 6051281 for a Dining Chair. The action and counterclaim came on before Mr Recorder Campbell  QC on 13 Jan 2022.  in para [80] of his judgment in  ASR Interiors Ltd v AWS Trading Lt d,  [2022] EWHC 372 which he delivered on 24 Feb 2022, the learned recorder found for the claimant on the claim and dismissed the counterclaim. The Claim The claimant was the proprietor of the above-mentioned design registrations.  It alleged that the defendant had infringed those registrations by marketing and di...

Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell) Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022) This was an action for the alleged infringement of two registered designs : Design number 4020066 for a hoody sweatshirt; and  Design number 4020067 for a T-shirt. The action came on for trial before Mr Recorder Campbell QC on 2 Dec 2021 who delivered judgment on 8 Feb 2022 (see  Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022)). By para [38] of his judgment, he dismissed the action on the ground that the registrations were invalid. Registered Designs A registered design is a design that is registered with the Designs Registry of the Intellectual Property Office under the provisions of the Registered Designs Act 1949 as amended.  Registration confers on the proprietor the exclusive right to use the design and any design which does not produce on an informed user a different overall impression.  "Use” means ma...