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Design

Unregistered design right - Infringement - Claimant putting product on market - Claimant seeking declaration that defendant making unjustifiable threats to bring infringement proceedings in respect of product - Defendant seeking to set claim form aside for lack of jurisdiction - Whether court having jurisdiction to hear claim regarding threat of infringement proceedings - Whether court having jurisdiction to hear claim for declaration of non-infringement - Community Design Regulations 2005 (SI 2005/2339), reg 2(4) - Council Regulation (EC) No 6/2002, art 81(b)

14 October 2015

Tech 21 UK Ltd v Logitech Europe SA [2015] EWHC 2614 (Ch); [2015] WLR (D) 389

Ch D: Stephen Jourdan QC sitting as a deputy High Court judge:

15 September 2015

It is not right to characterise a claim under regulation 2 of the Community Design Regulations 2005 (SI 2005/2339) as one for a declaration of non-infringement.

Stephen Jourdan QC sitting as a deputy High Court judge so held when refusing the application brought by the defendant, Logitech Europe SA, against the claimant, Tech 21 UK Ltd. The defendant issued an application for a declaration that the court had no jurisdiction to hear the claimant's claim and an order that the claim form should be set aside. In the claim form, the claimant sought declarations, pursuant to regulation 2 of the Community Design Regulations 2005, that the defendant had made unjustifiable threats to bring proceedings for infringement of a European Community unregistered d...

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