- Court’s pragmatic approach to unregistered design right claim and pleading amendment (Original Beauty Technology Company v G4K Fashion Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: In the context of an unregistered design right claim involving no fewer than 91 separate alleged infringements, and which has been running for several years, the High Court has used its case management powers to get the remaining elements of the claim into shape for trial. It had already taken a pragmatic approach by earlier streamlining the claim and staying certain alleged infringements pending judgment on the streamlined element. In this decision, the court concluded that the claimants were entitled to amend their Supplemental Statement of Case dealing with the remaining elements, and that the amendments proposed were not late or very late, as submitted by the defendants. This case demonstrates a logical approach taken by the court to break down a complex claim and create a roadmap for the parties to resolve it. Written by Mark Daniels, partner at Browne Jacobson LLP and Jessica Johnson, associate at Browne Jacobson LLP.
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