Country: GB
Tribunal: Court of Appeal
Date: 4/11/03
Case No.: A3/2202/2512
Parties: A Fulton Company Limited v Totes Isotoner (UK) Limited
Design: 2049425
Citation(s): [2004] R.P.C. 16, [2003] EWCA Civ 1514
Author: David Musker, R G C Jenkins & Co

This was an appeal from a decision of the Patent County Court in a registered and unregistered design infringement case. There was no appeal on the registered design decision. The appeal concerned only unregistered design right. The claimant had designed some cases for umbrellas which folded into an oblong shape. The defendants original designs were a copy of the claimants designs, and were found to infringe both the registered and unregistered design rights. The defendant then modified their design to cut off a portion (one short side of the "cuff"). The UK unregistered design rights protects the design of the whole or part of an article. Accordingly, the claimants claimed unregistered design right in the part of their design which consisted of the design without the short side of the cuff.

The Court of Appeal found that the claimant was entitled to claim design right in any part of their article. Accordingly, design right existed in the part they had identified, and this was infringed by the defendant.