Chiaro Technology Limited v Mayborn (UK) Limited

In the recent case of Chiaro Technology Limited v Mayborn (UK) Limited, the UK High Court confirmed that a registered design will not extend to protect aspects of shape that are required for technical function purposes even if the overall design is visually different from anything else on the market.

Chiaro Technology Limited ("Chiaro") brought a claim for infringement of their registered designs for their product 'Elvie', (under the Registered Designs Act 1949 ("the Act")) against Mayborn (UK) Limited's ("Mayborn") 'Made for Me' wearable breast pump. Chiaro's 'Elvie', was the first in bra wearable breast pump on the market. The design allowed users to wear the breast pump inside their bra with no external attachments. Mayborn's 'Made for Me' pump featured many similar features to 'Elvie' when it came on the market in late 2022. This led Chiaro to allege infringement of their registered designs.