||All England Reporter
|| All ER (D) 202 (Oct)
||Patents County Court
Richard Meade QC sitting as a deputy judge of the Patents County Court
||Douglas Campbell (instructed by Lupton Fawcett LLP) for the claimant.
||Piers Acland QC and Chris Hall (instructed by Squire, Sanders & Dempsey (UK) LLP) for the defendants.
||18 October 2011
Patent - Practice - Proceedings for infringement or revocation of patent - Claimant designing new form of caravan towing cover - Defendant producing its own similar cover - Claimant alleging defendants copying its design - Whether defendants copying claimant's design - Whether defendants' design protected by concept of 'must fit'.
Patent Practice. The Patents County Court dismissed the claimant's claim that the defendants had infringed its design rights relating to caravan towing covers, where the defendants had not copied the claimant and some of the defendants' designs would be excluded from the claim by the concept of 'must fit', where it was impossible for caravan towing covers having the same purpose to have significantly different appearances.
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