Lindsay Lane QC appeared for Rothy’s and Tom Jones appeared for Giesswein at the trial of Rothy’s Community design rights claim in respect of the design of pointed loafer ladies’ shoes.
After hearing the two-day trial remotely, David Stone (sitting as a Deputy High Court Judge) held that the registered and unregistered community designs asserted by Rothy’s were valid. The judge also concluded that the overall impression created by the Giesswein shoe was the same as that created by the designs. Accordingly, Giesswein had infringed Rothy’s registered design. In respect of the unregistered design, the infringement claim did not succeed on the basis that there was no copying.