Skip Navigation

Reports of Patent, Design and Trade Mark Cases 2006 123(23):769-804; doi:10.1093/rpc/2006rpc31
This Article
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Add to My Personal Archive
Right arrowRequest Permissions
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© Crown Copyright

[2006] R.P.C. 31

DYSON LTD v QUALTEX (UK) LTD

Court of Appeal

(Tuckey, Jacob and Lloyd L.JJ.): March 8, 20061

[2006] EWCA Civ 166; [2006] R.P.C. 31

Design right—Spare parts for vacuum cleaners—Design right held to subsist and be infringed—Appeal to the Court of Appeal—Originality—Commonplace—"Must fit" exclusion—"Must match" exclusion—Surface decoration—Design right in part of an article—Infringement—Commencement of design right—Whether taking of orders after showing of prototype but ahead of production amounted to "making articles available for sale"—Guidance on case management on copyright and design cases with host of overlapping and similar issues—Expert evidence.

Key Words: Commonplace designs • Infringement • Must fit exclusion • Must match exclusion • Originality • Spare parts and accessories • Surface decoration • Unregistered design right

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


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.