Recent Cases

Early Learning Centre v Russimco

The claimant manufactured a toy for children in the shape of a rocket.  He defendant began advertising a similar rocket toy.  The claimant applied for an interim injunction, alleging design right infringement.  Evans-Lombe J refused to grant the injunction, holding that there was insufficient similarity between the designs and that the defendant’s business would be considerably disrupted if the injunction was granted.  In contrast, the claimant would have a basis for measuring its damages following trial if it accepted the defendant’s undertakings to record sales made at forthcoming trade shows.