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The Registered Design
The Registered Design
The Registered Design is in class 8, for tools and hardware. It was registered as of 19 February 2013. There are three illustrations. There is little or no distinction between them and it is sufficient to reproduce one, which appears as Annex 1 to this judgment.
The design has been used by Mr Barber in the creation and sale of a type of product known as a letter box tool. This is a tool which is manipulated through the letter box of a front door to open the door without a key. Strictly, the design is only for the core structure of the tool. As used, the tool will have alternative components at its working end which allow the user to hook the tool under a handle or to loop it around keys on the inside, or to achieve other means of entry. The near end of the tool will have a handle. However, for convenience I will treat the design as registered as a design for a letter box tool.
- 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