Conclusion
38.For the reasons set out above, both the ‘066 and ‘067 registrations are invalid. Hence the action fails.
- RECORDER DOUGLAS CAMPBELL QC :
- Introduction
- The issues
- The witnesses and their evidence
- Legal context
- 1B Requirement of novelty and individual character.
- Cantel Medical (UK) Ltd v ARC Medical Design
- Whether the ‘066 design was (a) new and (b) had individual character as at 18 May 2011.
- Interpretation of the ‘066 design
- Validity over the Urban Attitude brochure
- Validity over Lambert Souvenirs
- Whether the ‘067 design was (a) new and (b) had individual character as at 18 May 2011.
- Whether the Defendant’s garments produce on the informed user an overall impression different from (a) the ‘066 design (b) the ‘067 design.
- Conclusion