Breach Of Registered Community Design Considered

"Informed User" v "Expert" Evidence in IP Case
The Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936
CA
10 October 2007
Weekly Law Notes Summary

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.

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