Registered Designs in the UK - Practical Implications of the M&S v Aldi Gin Bottle Case

Introduction

M&S and Aldi have been sparring over in recent years with headline IP court cases.

After settling the Colin v Cuthbert case, M&S and Aldi have gone toe to toe in another round.

This resulted in a rare Court of Appeal judgment on registered designs, with an even rarer result of finding the UK registered design infringed.

The case delves into liqueur and spirit bottling choices to give a full-bodied review of how to determine registered design scope and infringement.

The effect of limited illustrations, colour, and design corpus all weigh on the conclusion the Court of Appeal reached.

With a grace period disclosure, the remit of the grace period in the UK is given shape by the Court.

This new virtual classroom seminar will draw insights from the judgment that can be applied when considering filings and enforcement to avoid damaging the scope and invalidation through disclosures during the grace period.

The session will include detailed discussions of the current legal position, with worked examples, and considerations for future filings and enforcement.

Delegates should have at least a basic understanding of UK registered design law before attending this session.

What You Will Learn

The live and interactive course will cover the following:

• Current approach of the UK courts in respect of the grace period for filing, scope of protection and interpretation of drawings
• Current structure for assessing infringement of a UK registered design
• A review of Marks and Spencer PLC v Aldi Stores Ltd and how the positions adopted compare with historic UK judgments and recent decisions from the CJEU
• Tips on image selection for registered design applications

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.