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Reports of Patent, Design and Trade Mark Cases 2006 123(1):1-23; doi:10.1093/rpc/2006rpc1
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© Crown Copyright

[2006] R.P.C. 1

WOODHOUSE UK PLC v ARCHITECTURAL LIGHTING SYSTEMS

Patents County Court

(H.H. Judge Fysh Q.C.): June 15–17, 20–21 and July 25, 20051

[2005] ECPCC (Designs) 25; [2006] R.P.C. 1

Registered design—Design for street lantern and bracket—Counterclaim for cancellation—False claim to proprietorship—Whether bona fide claim sufficient—Whether test of proprietorship objective—Persons aggrieved—Whether discretion to refuse cancellation—Ascertainment of current Registry practice—Infringement—Characteristics of "informed user"—Basis for comparison by informed user—Scope of design—Statement of Novelty—Whether single element of combination infringed.

Key Words: Cancellation • Infringement • Novelty • Owners • Registered designs • Validity

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


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