Securing and enforcing registered designs
We secured a suite of registered designs for a high profile product launch, which were successfully enforced against a UK distributer and a number of European retailers.
Our client had negotiated a European distribution deal for technology for an innovative flying toy. They were developing a suite of related toy designs and, ahead of a high profile Christmas launch, our challenge was to secure registered design rights enforceable against a large volume of product copies anticipated from multiple sources.
What we did
We worked with our client in reviewing the designs and proposing a filing strategy for multiple registered designs to be filed in the EU and Switzerland. We carefully selected the design images to provide both targeted and generalised protection for the shape and form of several flying toys prior to their release. The set of designs included images of the products based on line drawings and including surface decoration to maximise the enforcement options available. Our services included preparing design drawings, filing the design applications and managing the process through to registration.
The portfolio of EU registered designs supported an IP litigation programme brought by our client against a UK distributer of copy products in the Intellectual Property Enterprise Court. The Court decided that three of our client’s registered designs were infringed, and an award of costs and damages was made against the infringing distributer. Our client was then able to use the court decision to leverage compensation from a number of UK and European retailers of copy products.
We supported our client by providing infringement assessments and strategic advice to its wider legal team and board of directors.
How we can help your business
- Our understanding of registered design law and practice enables us to secure registered rights with the scope of protection needed for successful enforcement
- This can be done efficiently and effectively and in line with a commercial product launch
- We have experience of supporting complex, multinational design registration litigation to allow the value in your designs to be realised