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The case of Landor and Hawa International Ltd. / Azure Designs Ltd (CA) [2006], concerned a dispute over the design of a type of bag. The plaintiff designs, imports and sells luggage and travel bags since 1985. In June 2002, the Director General has produced a design for a section of the extension (a "Designation Expander ") which are incorporated in the style Hard Shell suitcase.
Case incorporating the design were produced Expander and sold in the United Kingdom and abroad.
During the late summer of 2003, the claimant company was informed of the bags in the design and construction Expander China are marketed and sold in the United Kingdom by a company called Label. The plaintiff argued that this infringed its design rights in the design of Expander. It was found that the respondent had imported and sold in bags.
The claimant issued proceedings against the defendant for violation design rights in the design of Expander. The solutions were sought damages and an injunction on the grounds that the import and sale of bags labeled, the defendant company of infringing design rights in the design Expander registered in the United Kingdom (UKUDR) and the Union European (EUUDR).
The applicant has been successful. The court ruled that Article 213 (3) (a) of the Copyright, Designs and Patents Act 1988, should be interpreted narrowly. This section states:
 "(3) Design does not exist in law (a) a method or principle of construction ...  »
It was stated that this section does not apply just because a design meets a goal functional and would only apply if we could demonstrate that the objective can be achieved by other means. The defendant filed appeal to the Court of Appeal on the basis of the following:
▪ Protection of complainant by UKUDR over design Expander is uncertain (even if it was recognized that, if protected, then the bags are in breach of Swiss design);
▪ The design rights were "characteristic the appearance of a product are solely dictated by its technical function, and
▪ The judge was wrong to grant an order prohibiting the defendant quia Timet marketing and sale of luggage tag, as the defendant had said he would not when he had launched prosecution.
The appeal was dismissed because the judge had reached the right conclusions for the right reasons on all issues.
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 © RT Coopers, 2006. This bulletin is not a comprehensive or complete statement of the law on the issues does not constitute legal advice. Its sole purpose is to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
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