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Neutral Citation Number: [2024] EWHC 3058 (IPEC)
Case No: IP-2020-000029
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY ENTERPRISE COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 28 November 2024
Before :
HIS HONOUR JUDGE HACON
Between :
SIMON BARBER | Claimant |
- and - | |
(1) STEVEN FRANCIS WAKEFIELD (2) ULTIMATE TOOLS LIMITED (3) SIMON WAKEFIELD | Defendants |
The Claimant appearing in person
The Third Defendant appearing in person and for The First and Second Defendants
Hearing date: 21 November 2024
Approved Judgment
This judgment was handed down remotely at 10.30am on [date] by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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HIS HONOUR JUDGE HACON
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- Judge Hacon
- Parties and representation
- The Registered Design
- The accused design
- The law
- Must fit
- The informed user
- The design corpus
- Features of appearance of a product solely dictated by the product’s technical function
- Whether the Accused Design produces on the informed user a different overall impression to that produced by the Registered Design
- Whether Ultimate Tools has used the Accused Design
- Conclusions
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