Recent Cases

Procter & Gamble v Reckitt Benckiser

The Court of Appeal allowed the defendant’s appeal in a claim for infringement of registered Community design.  The claimant’ design was registered for the shape of a air freshener spray canister.  The design was considered to be highly innovative, having won a number of awards.  The defendant denied infringement; however, the judge held that there were a large number of similar features between the two designs and only a few differences, thus the defendant’s design infringed the claimant’s.
The Court of Appeal analysed the test for infringement and for validity under the Community Designs Regulation and concluded that the judge had erred.  Although a list could be compiled of features of the two designs that were similar, the “overall impression” of the two designs was not the same, the defendant’s design having a ‘cheaper’ impression than the claimant’s.  The Court gave extensive guidance on how to assess compare the overall impression of two designs and on the identity and characteristics of the “informed user” whose perspective must be used in making the comparison.