Community Designs: Rothy's Inc v Giesswein Walkwaren AG
Jane Lambert Intellectual Property Enterprise Court (Mr David Stone) Rothy's Inc v Giesswein Walkwaren AG [2020] EWHC 3391 (IPEC) (16 Dec 2020) This is a case about the design of shoes which is more interesting than many of the other designs that have come before the courts recently. It is also possibly the last time an English court will have sat as a Community design court. Mr David Stone, who tried the case as a deputy judge of the High Court, remarked at paragraph [9] of his judgment t hat "As things currently stand, this Court will be unable to sit as a Community Design Court after 11pm UK time on 31 December 2020, given the current end date to the transition period following the UK's departure from the European Union." The Issues The claimant company, Rothy's Inc. ("Rothy's"), is the registered proprietor of registered Community design number 4500932-0002 for shoes ("the RCD"). It also claimed to be entitled to an ...