C and H Engineering Ltd v F Klucznik and Sons Ltd, 1992, FSR 421
Citation:C and H Engineering Ltd v F Klucznik and Sons Ltd, 1992, FSR 421
Link to case on WorldLII (reference).
Rule of thumb:If 2 products designs are substantially the same, but for a few noticeable changes, is this a design infringement? No, as long as there are noticeable differences to distinguish between the 2 brands, then this is a not a design claim – it can be a grey area deciding where the line in the sand is between substantially the same & noticeable differences however.
Background facts:
Parties argued:
Judgment:
the facts of this case were that the structure of a metal pig hut was essentially copied, except the new pig fence had additional things on the side of it which allowed more fence to be connected to it. The original pig fence creator claimed that this infringed their unregistered design right in the initial fence. The Court held that where a pig farmer would know that the 2 products were clearly different and there would not a mix-up, then there was no infringement. The Court reaffirmed the test that design rights protect the style and the impression of the object and do not protect the substance behind it, ‘Thus it is necessary to compare the plaintiff’s pig fenders with the defendant’s design drawing and, looking at the difference and similarities through the eyes of someone such as a pig farmer, decide whether the design of the plaintiff’s pig fender is substantially the same as the design shown in the drawing’, Aldous J at para 428.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.