The place for evidence in registered design cases is very limited1. Generally speaking 'expert' evidence as to what the ordinary consumer would see in cases involving registered designs for consumer products is unlikely ever to be useful. Litigants should not feel that their case might be disadvantaged by not having an expert in an area when expert evidence is unnecessary. Evidence of technical or factual matters, as opposed to consumer 'eye appeal' can on the other hand, sometimes have a part to play, that would be to give the court information or understanding which it could otherwise not provide
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