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Lambretta eveningesonlinecheap v teddy smith

However, the judges also made some comments on how the position would have differed under the unregistered community design provisions.

The claimant’s design was of a leisure jacket with red, white and blue colours and the word”Lambretta”Prominently on the front and the back.The shape of the infringing jacket was different, and it did not have the word”Lambretta”.Thus, the claimant, lambretta, only claimed rights in the colour combination alone.It protects designs of parts of articles as well as whole articles.The design was the design of a shirt, in particular colour combinations(“Colourways”).The colour combinations had been copied.

The judges decided that the colour combinations were not shape or ornament features, and so were not protected by the uk unregistered design right.Jacob lj commented that the colour combinations would, cheap prom dresses australia however, have been protected under the unregistered community design right if that had existed at the time the case started.It appears that sedley lj agreed.