Commercial & Dispute Resolution (Intellectual Property) - Review

    June 2009

    Caselaw - Blackberry applications for invalidation bear limited fruit

    In Blackberry International Limited v Wittaya Asawasuwannakul (Case O-074-09, 19 March 2009) the Comptroller has held that UK registered designs nos. 4002804, 4002809 and 4002814 were invalid on the grounds that they were not new and did not possess individual character.

    Background

    In April 2007, Wittaya Asawasuwannakul (WA) applied to register thirteen designs 4002803-4002815, all in respect of women's clothing. In June 2007, Blackberry International Limited (Blackberry) applied for invalidation of the designs on the grounds that they were not new at the date of application. In December 2008, the hearing took place before the Comptroller. WA did not attend.

    In May 2008, international law firm Hammonds became a limited liability partnership. Hammonds LLP and its affiliated undertakings has offices in Birmingham, Leeds, London and Manchester in the UK, and in Berlin, Brussels, Beijing, Hong Kong, Madrid, Munich and Paris.