Design protection is a crucial aspect of the modern business landscape, particularly evident in recent high-profile cases such as the latest clash between retail giants Marks & Spencer (M&S) and Aldi. In an increasingly competitive marketplace, companies invest significant resources into developing distinctive product designs that not only resonate with consumers but also serve as valuable brand assets. However, this pursuit of unique design can often lead to disputes over intellectual property rights, underscoring the importance of robust legal frameworks and strategic approaches to design protection.
Mike Shaw has discussed the implications of the Court of Appeal's decision in support of Marks & Spencer in Drinks International in a recent article below.
We have also published a detailed analysis of the case here, written by Mike Shaw, Hannah Finster and Amy Morris.
"The Court of Appeal decision clearly illustrates the value of securing registered design protection for new product designs. In particular, design registrations can be used alongside other IP rights, such as registered trademarks and copyright, to provide a thicket of protection for new products. This is of real value when tackling lookalike products, by presenting potential infringers with multiple obstacles to surmount when attempting to design around those IP rights," continued Shaw.
