Cases

Sales v Stromberg & others

Facts

This action concerned infringement of design right in respect of articles designed to contain imploded water. There were 2 designs: a double spiral arrangement called ‘Infinity’ and a triple spiral called ‘Trinity’, for a ‘personal harmoniser’, a sealed copper tube pendant containing ‘imploded’ water said to be beneficial to the wearer. The Claimant had sent rough sketches of these designs to the Defendant. However, they failed to agree an appropriate level of royalties and the Defendant proceeded to develop and market similar designs. The Defendant argued that before considering the originality of the designs, the Claimant had first to establish that the drawings and accompanying notes were documents in which design right could subsist. The Judge said that was not the correct approach. Rather, the question was whether the design was commonplace in the design field in question. Although the Claimant’s drawings were crude, the Defendant had been able to make prototypes.

Also