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Reports of Patent, Design and Trade Mark Cases 2005 122(3):88-110; doi:10.1093/rpc/2005rpc6
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© Crown Copyright

[2005] R.P.C. 6

LAMBRETTA CLOTHING CO LTD v TEDDY SMITH (UK) LTD

Court of Appeal

(Sedley, Mance and Jacob L. JJ.): April 26–28, July 15, 20041

[2004] EWCA (Civ) 886; [2005] R.P.C. 6

Design right—Infringement—Track tops—Arrangement of colourways held not to constitute "configuration"—Colourways held to be surface decoration—Finding of no design right—Finding of copying—Appeal to Court of Appeal—Findings upheld—Whether design commonplace—Expert evidence—Appeal by defendant against finding of copying—Similarities relied on should be pleaded—Finding of copying unsound.

Copyright—Three dimensional copying held excluded from protection—Features excluded from design right not automatically protected by copyright—No basis for finding of infringement of copyright.

Key Words: Clothes • Colour • Commonplace designs • Copyright • Design right • Infringement • Surface decoration

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


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