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Reports of Patent, Design and Trade Mark Cases 2003 120(15):499-539; doi:10.1093/rpc/2003rpc27
© 2003 by Crown Copyright
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© Crown Copyright

[2003] R.P.C. 27

A. FULTON CO LTD v TOTES ISOTONER (UK) LTD

Patents County Court

Before: H.H. JUDGE MICHAEL FYSH Q.C. September 9–13, 16 and October 31, 20021

[2003] R.P.C. 27

Registered design—Umbrella case—Validity—Whether umbrella case "an article"—Novelty—Whether anticipation by prior art—Whether differing only in immaterial details—Whether variants common in the trade—Infringement—Design right—Whether designs "commonplace"—Scope and extent of the "design field in question"—Secondary Infringement—Substantiality—Whether defendant had requisite "reason to believe"—Settlement agreement—Misrepresentation—Rescission.

1 Paragraph numbers in this judgment are as assigned by the court.


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