The accused design
The accused design
The design alleged to infringe (“the Accused Design”) is incorporated in a product made by Steven and Simon Wakefield. It became clear during the trial that it has never gone beyond a prototype and I think that it fair for me to refer to it as ‘the Prototype.
Images of the Prototype appear in Annex 2 to this judgment.
- Heading
- 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
![IP-2020-000029 - [2024] EWHC 3058 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png)