Whether Community design is infringed
Procter and Gamble v Reckitt Benckiser (UK) Ltd
Court of Appeal
“In determining whether there had been infringement of a registered European Community design, the court was obliged to adopt the standpoint of an informed user, who was more discriminating than the average consumer and was fairly familiar with design issues.”
The Times, 17th October 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Procter & Gamble Co v Reckitt Benckiser (UK) Ltd  EWCA Civ 936
“In considering an allegation of breach of a registered Community Design, the court should adopt the standpoint of an ‘informed user’ who was more familiar than the average consumer with design issues. Rather than relying on expert evidence, the court should look closely at the registered design and the allegedly infringing article and ask whether it produced a different overall impression.”
WLR Daily, 10th October 2007
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Green Lane Products Ltd. v. PMS International Group Ltd. and others  EWHC 1712 (Pat)
“The ‘sector concerned’ for the purposes of art. 7 of Council Regulation (EC) No 6/2002 was the sector corresponding to the prior art., and not the sector corresponding to the product class indicated in the application for a Community registered design.”
WLR Daily, 19th July 2007
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.