Design right on a product

[denelli]

Hi need some help on design right issues
I have a product which im thinking of importing, its a coffee table.
The problem is a design right was granted in the uk in 1996, is there any way i can get around the issue.
If i change the legs of the coffee table and the size slightly. i would call it something else.
Would i be able to get passed it? The owner of the design right still hasn't given me the number.
Can any one help.
I can forward pictures of the orginal and pictures of what i have had designed?

Thank you
Denelli Living

 

[Deleted member 13430]

I assume when you say design right you are referring to a UK registered design. If you know the owners name you can search for the design here (for the UK):-

http://www.ipo.gov.uk/design.htm

you can also search there by product. You can check there whether the design is still in force.

On the differences which must exist between you design and the registered design you will be found to infringe the registration if the design of your product "does not produce on the informed user a different overall impression". The scope of protection will depend on the prior art etc and the design freedom of the designer. You are suggesting the existing registered owner is aware of your existence which might make it harder to engineer subtle design changes as he will be aware of your interest in a competing design and may challenge you regardless.

Below is a link to case comment on a recent Court of Appeal decision on a design case which may give you some pointers on the issues involved:-

http://www.reddie.co.uk/content/view/133/49/

Some further basic explanations on design protection:-

http://www.out-law.com/page-340

I suggest maybe you contact a trade mark/design attorney and they can give their opinion on what changes need to be made to your design to avoid infringement. List of trade mark/design attorneys here:-

http://www.itma.org.uk/links

 

[denelli]

Hi the designers name is
lynne wilson
product design: loopy table
I cant find her on that search, any ideas where i should go from here with out the expense of a copyright lawyer

 

[Deleted member 13430]

Apart from doing those searches thats it. Is there a registration no. on the product itself? Also are they claiming unregistered design right protection - another form of protection available in the UK?