Rothy's Inc v Giesswein Walkwaren AG [2020] EWHC 3391
(IPEC) 16 December 2020
In one of the last IP rulings before
Brexit, the Intellectual Property Enterprise Court
(the IPEC) recently handed down its judgment
in Rothy's
Inc v Giesswein Walkwaren AG [2020] EWHC 3391
(IPEC) finding that Rothy's Inc's
(the claimant) Registered Community
Design (RCD) in relation to a shoe
depicting a Pointed Loafer was valid and infringed by Giesswein
Walkwaren AG (the defendant).
The IPEC also found that an Unregistered Community Design
(UCD) for the Pointed Loafer was valid but not
infringed.
The court gave important observations relating to the necessity
and appropriateness of evidence used by both parties. The IPEC
"pointed" out that whilst expert evidence was not
excluded, it was not given any weight in this trial in relation to
issues reserved for determination by the court. Proportionality is
the guiding principle since significant costs and time could have
been saved.
