Overview

A recent High Court decision in Numatic International Ltd v Qualtex UK Ltd illustrates how passing off can be determined by reference to the infringed product’s design or shape, without reference to its branding.
The case establishes that even after an organisation’s registered design rights have expired, it may be able to protect itself from design infringement through the tort of passing off. For this approach to work, however, it is clear that the design or shape must be extremely well-recognised – in this case, matching the Henry hoover’s ‘iconic’ status.

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