Lindsay Lane KC appeared on behalf of the Claimant (“Chiaro”) in proceedings brought against the Defendant (“Mayborn”) for infringement of three of Chiaro’s registered designs. The three designs had been incorporated into the same product, namely a wearable breast pump for nursing mothers. Mayborn’s allegedly infringing product was a competing wearable breast pump.
The judge, Sir Anthony Mann, found that the exterior shape of the Chiaro’s design could not form the basis of an infringement claim, as its features were solely dictated by technical function (having to co-operate with the inside of a bra). As evidence, the judge considered Chiaro’s patent in relation to the same product. Similarly, the inner ‘breast shield’ was excluded from the assessment, as was the flat underside of the ‘milk collection vessel’ (as it needed to be suitable for placing on, for example, a table).
Based on these considerations, the judge dismissed the claim. Once functional features of the design were excluded, there were sufficient differences between Chiaro’s three designs and Mayborn’s product to produce a different overall impression on the informed user.