tag:blogger.com,1999:blog-5574479.post5067631911387964010..comments2024-03-28T13:45:42.289+00:00Comments on The IPKat: Kiddee case evades Trunki's horned animalVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-5574479.post-9582803846383481992020-06-08T13:31:58.439+01:002020-06-08T13:31:58.439+01:00Community Registered Design ("CRD") for ...Community Registered Design ("CRD") for the Trunki suitcase <br />Presumably RCD was obtained on novelty based on a new shape, and, the new use of a suitcase also gives it individual character as the suitcase now becomes a fun suitcase whereas the new shape does the travelling for the child. <br />Presumably the uniqueness of the new shape warrants a greater protection penumbra.<br />Question: does a change of ornaments on a shape change the shape or the concept related to the new function of a suitcase (fun shape on wheels) which can contain clothing and be pulled like a wheelie suitcase or sat on as a toy?<br />What are immaterial details when it comes to the protection of a new design shape concept?<br />Is it more important to protect small ornamentation or is it more important to protect a new design shape concept? <br />Does the ornamentation not depend on the overall shape corpus? Should someone who wants to use such a novel design shape not have to pay for the use of such a shape? And, if they want to change the ornamentation take separate RCDs to individuate their new ornamentation under class 32? Novelty can then be attributed to changes in ornamentation whereas the entitlement of the design corpus for novelty/individual character rights can rightfully be preserved for the prior art shape?<br /><br />In more common parlance, if one buys meat from a butcher and serves it with parsley, does the parsley change the shape of the piece of meat. Does meat need parsley to make it different. Surely it would make sense if those who want parsley and also want meat realise that they must pay for the meat and for the parsley. When I go to a shop to buy parsley surely I also have to buy the meat (or a vegetarian burger) if I want to eat the parley with it. I cannot just take the meat from the shop and say that I am entitled to it because I want to eat it with parsley or buy parley so as to be able to eat meat with it for free?<br />Looking forward to hearing from you<br />Yours truly,<br />N.B. This is a personal comment. I am not a lawyer.<br />Anonymoushttps://www.blogger.com/profile/05340979256868486659noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-69148765545098583462016-03-10T10:39:25.520+00:002016-03-10T10:39:25.520+00:00Why is contrast derived as the only consequence of...Why is contrast derived as the only consequence of the use of two colours? Would it have been different if the background had been blue instead of white? How do you include the colours of grey and black (and white) in the scope of protection? <br /><br />Are the Trunki vehicles (https://www.trunki.co.uk/vehicles) also covered by the RCD? Even although they do not look like horned animals? <br /><br />Was Lord Neuberger right to leave open the issue of whether ornamentation was lacking from the RCD? Has the Trunki case merely reinforced the perception that (registered) design right enforcement in the UK is predictably unpredictable? Could Trunki have been better-served with a patent?<br /><br />Have more questions been raised than answered? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61691594371176789272016-03-09T23:41:20.172+00:002016-03-09T23:41:20.172+00:00Dear Anon - please see Article 92 of the Community...Dear Anon - please see Article 92 of the Community Design Regulation, in particular para 3 (reproduced below). Best wishes, Darren<br /><br />Article 92<br /><br />Jurisdiction of Community design courts of second instance - further appeal<br /><br />1. An appeal to the Community design courts of second instance shall lie from judgments of the Community design courts of first instance in respect of proceedings arising from the actions and claims referred to in Article 81.<br /><br />2. The conditions under which an appeal may be lodged with a Community design court of second instance shall be determined by the national law of the Member State in which that court is located.<br /><br />3. The national rules concerning further appeal shall be applicable in respect of judgments of Community design courts of second instance.Darren Smythhttps://www.blogger.com/profile/04252776942038752516noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1970670117085318252016-03-09T15:23:21.275+00:002016-03-09T15:23:21.275+00:00Thanks Jani, Andy and also fellow Kat Nicola. The ...Thanks Jani, Andy and also fellow Kat Nicola. The extra "no" has been deleted. Arnold J did indeed find infringement at first instance.David Brophyhttps://www.blogger.com/profile/03756548361266218916noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-8180409306969215862016-03-09T14:51:22.302+00:002016-03-09T14:51:22.302+00:00First instance found infringement - I think there ...First instance found infringement - I think there is a stray 'no' in the first sentence after the images...Andy Spurrhttps://www.blogger.com/profile/11836096797332507783noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-64809169307545915902016-03-09T14:44:31.272+00:002016-03-09T14:44:31.272+00:00David,
A quick note, on paragraph 3 you state tha...David,<br /><br />A quick note, on paragraph 3 you state that "At first instance, Arnold J held that there was no infringement", and then subsequently (albeit correctly) at the end you state the opposite: "he found that there had been infringement."<br /><br />Might be worth amending.Jani Ihalainenhttps://www.blogger.com/profile/17598782543339966806noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22252088337648241652016-03-09T14:27:00.523+00:002016-03-09T14:27:00.523+00:00Where does the Supreme Court get jurusdiction for ...Where does the Supreme Court get jurusdiction for hearing CDR appeals? It is not designated as appellate court in the Community Designs (Designation of Community Design Courts) Regulations 2005.Anonymousnoreply@blogger.com