||All England Reporter
|| All ER (D) 35 (Jan)
||Jacqueline Reid (instructed by Shoosmiths) for the claimant.
||Roger Bartlett (instructed by Jaffe Porter Crossick LLP) for the first defendant.
||16 January 2008
Design - Copyright - Infringement - Claim for infringement of registered and unregistered Community design rights to handbag - Claimant applying for summary judgment - Whether bag sold by first defendant infringing design rights - Whether innocent infringer having defence to claim for infringement of Community registered designs rights.
Where the claimant applied for summary judgment in proceedings against, inter alia, the first defendant, alleging infringement of registered and unregistered Community design rights held in relation to its 'Ramona' handbag, the application would be allowed. While at the level of a highly detailed examination there were some differences between the bag sold by the defendant and the claimant's registered design, the overall impression on the informed user was exactly the same. Infringement of an unregistered design right required that copying had taken place. Looking at the bags side by side, the inference of copying was overwhelming in the instant case. Furthermore, no defence of innocent infringement was provided for regarding registered or unregistered Community design rights. Accordingly, the claimant was entitled to an enquiry for damages or an account of profits.
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