Frayling Furniture Ltd v Premier Upholstery Ltd and others

Date

6 November 1998

Legislation

Keywords

Design Right; extent of protection; composite article; interface exclusion

Counsel

Graham Shipley, T. Holman, Mark Platts-Mills QC, Richard Hacon

Solicitors:

Hacking Ashton; Needham & Grant

Judge:

Park J.

Court:

Chancery Division

Reported:

(1999) 22(5) IPD 22051

Summary:

Frayling developed a chair called the 'Sienna' and claimed design right in the whole external appearance of the chair and design rights in the various component parts of the chair. Frayling alleged that the production of the 'Reno' by the First Defendant, Premier, infringed its design right in the whole of the external appearance of the chair, and in certain component parts of it. Premier had been granted a licence to manufacture the Reno by the first third party, owned by the second third party and joined them as parties to the action. Frayling also alleged that the development and manufacture of four other chairs infringed its design right.

Decision:

Park J held that design right subsisted in the whole external design of the Sienna; the design was not commonplace, and that the interface exclusion did not remove design right from the external design of the sienna as a whole. He held that design right did not subsist in the component parts of the Sienna on the basis that everything to do with their shape and configuration was commonplace. The Reno chair was held not to infringe the design right in the Sienna, and the other four chairs did not and accordingly Premier's claim against the first third party succeeded.

Reviewed 18 August 2010