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12/12/2014: Court determines damages for infringement of bondage frame design

UWUG Ltd (in liquidation) and another v Ball trading as RED
[2014] EWHC 4019 (IPEC) Hearing Date: 28 October 2014
High Court (Chancery Division) Intellectual Property Enterprise Court

In 2013, the Patents County Court found that the defendant had infringed a United Kingdom registered design and UK unregistered design rights in relation to a metal frame designed for bondage sexual activities.

The Intellectual Property Enterprise Court ruled that the damages claimed by the second claimant should be calculated on the basis of the equivalent of 10% of the defendant's sale price for the infringing frames.

[Original text of the case report supplied by BAILII gratefully acknowledged. Crown copyright: contains public sector information licensed under the Open Government Licence v2
Legaleze is solely responsible for the above text which is a summary only and the full report should be read.]


15/11/2013: Utopia Tableware wins beer glass design claims
Utopia Tableware Limited v BBP Marketing Limited and another
[2013] EWHC 3483 (IPEC) Hearing Date: 12 November 2013

The claimant company, Utopia Tableware, designed and manufactured beer glasses, including the “Aspen” glass. The defendant companies also designed beer glasses, one of which was the “Aspire” glass. Both glasses were tall, waisted beer glasses. In December 2012, Utopia Tableware started legal proceedings against the defendants alleging that the Aspire glass breached: (i) unregistered design rights relating to the Aspen glass (the unregistered design rights); and (ii) a United Kingdom registered design (the registered design rights).

03/06/2013: Fruit punnet designer loses registered design claim but wins unregistered design
Sealed Air Ltd v Sharp Interpack Ltd and another [2013] EWPCC 23
The claimant Sealed Air Ltd owned EU and UK registered design rights in punnets for soft fruit, and also claimed UK unregistered design rights in the punnets...

10/12/2012: Pack selection is not a protected “design”
Clinisupplies Ltd v Park and others [2012] EWHC 3453 (Ch)
CliniSupplies is a medical devices company which manufactures and markets products for the primary and secondary healthcare sectors. It claims to be a leading supplier of urology products and wound and skin management products. One of its products is a combined urinary catheter removal and insertion procedure pack for use in clinics or the community which it markets under the brand name Vesica.

[Page updated: 15/12/2014]



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