NIPC Law

Falls of Bruar Author  Yomangan Licence Public domain Source Wikimedia Jane Lambert Intellectual Property Enterprise Court (Miss Recorder Michaels)  Fairfax & Favor Ltd and others v The House Of Bruar Ltd and others [2022] EWHC 689 (IPEC) (25 March 2022) In Design ,  I wrote: "In everyday language, the word “design“ may refer to an article’s functions as in the design of a circuit, reactor or website or to its appearance as in the design of a dress, garden or piece of furniture. Obviously, the two are not mutually exclusive since the aerodynamic lines of a sports car or the span of a bridge can be things of beauty as well as feats of engineering. The law protects both functional and ornamental desig n." I added that the shape or configuration (whether internal or external) of the whole or any part of an article is protected from copying by a new intellectual property right known as “ design right”  and that new designs having individual character can be regi...

Jane Lambert Intellectual Property Enterprise Court (HH Melissa Clarke)  Shnuggle Ltd v Munchkin, Inc and another [2019] EWHC 3149 (IPEC) (20 Nov 2019) This was an action for the infringement of registered Community designs  and unregistered design right  and a counterclaim for a declaration of invalidity of one of those RCDs.  The action and counterclaim were tried by Her Honour Judge Melissa Clarke on 23 and 24 Sept 2019. She delivered her judgment on 20 Nov 2019 the transcript of which is at  Shnuggle Ltd v Munchkin, Inc. and another [2019] EWHC 3149 (IPEC) (20 Nov2019) The Parties The claimant is a Northern Irish company called Shnuggle Ltd.  ("Shnuggle") which designs, makes and markets baby products. The first defendant, Munchkin Inc.  ("Munchkin") is a much bigger American company in the same industry. The second defendant, Lindam Ltd. , ("Lindam") distributes Munchkin's products in the UK. The Registered Designs Shnuggle...