Design Law - Case Law Flashcards
Which case established that the concept of the “informed user” lies between an average consumer and an expert?
Pepsico v Grupo Promer
What was the key precedent set by Dyson v Vax?
What was the key precedent set by Dyson v Vax?
How did Kwang Yang v OHIM impact design assessments?
It clarified how functional constraints affect minor differences in designs.
Which design feature did the court emphasise as less important in Magmatic Ltd v PMS Intl?
Low-visibility internal features
The judgment in Procter & Gamble v Reckitt Benckiser explained which concept about design comparisons?
General descriptions cannot substitute for precise feature analysis.
What role does “design freedom” play in assessing cases of registered design infringement? Provide a relevant case example.
Design freedom determines how much creative latitude a designer has. In cases like Dyson v Vax, limited design freedom means even small differences can establish distinctiveness.
Explain how Samsung v Apple influenced the way courts analyse visual features in design comparisons.
Samsung v Apple emphasized the importance of the overall impression from the informed user’s perspective, focusing on visual features rather than detailed feature lists.
How does the Dyson v Vax ruling illustrate the importance of detailed court visual assessments?
The ruling highlighted that courts must visually assess designs to determine overall impression, rather than relying solely on written descriptions.
Describe the concept of “banality spectrum” as explained in Pepsico v Grupo Promer and how it applies to analyzing design features.
The banality spectrum suggests that common features are given less weight in assessing overall impression, focusing on unique elements.
What is the significance of the informed user conducting direct comparisons in cases such as Procter & Gamble v Reckitt Benckiser?
Direct comparisons help the informed user assess whether the overall impression of a design is distinct from prior designs, considering all visual elements.
Evaluate how Samsung v Apple, Dyson v Vax, and Pepsico v Grupo Promer have collectively shaped the understanding of registered designs and their distinctiveness.
Discuss their implications on the future court assessment of “overall impression” and design law.
These cases collectively emphasise the importance of the overall impression from the informed user’s perspective
