RECORDER DOUGLAS CAMPBELL QC :
The Rolls Building
7 Rolls Buildings
London, EC4A 1NL
Before:
RECORDER DOUGLAS CAMPBELL QC
Between:
The Claimant appeared in person
Mr Richard Davis ( instructed by Aliant Law) appeared on behalf of the Defendant Hearing date: 2 December 2021 APPROVED JUDGMENT I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
RECORDER DOUGLAS CAMPBELL QC :
- 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