Bristan Group has released factual detail around its recent court case with Kohler Mira.
Bristan Group defended the design of its Smile, Glee and Joy electric showers in a court case which considered the potential infringement of both the registered and unregistered design of the Mira Azora electric shower.
A Patents County Court judge rejected Kohler Mira’s claim that Bristan Group had infringed the registered design. As a result, Bristan Group was awarded costs for the registered design part of the case.
In the case of unregistered designs, the judge ruled that two of Kohler Mira’s designs were unoriginal. Bristan Group was found to have infringed the remaining unregistered designs, despite there being no evidence that copying took place. The judge also noted that the case was “near the borderline” and there were “many differences” in the design. Bristan Group has taken a license of right for the surviving unregistered design rights to continue to sell the products. It is also considering appealing against the ruling.
Jeremy Ling, CEO of Bristan Group, said: “Bristan Group respects all design and Intellectual Property (IP) rights and our employees are required to adhere to the highest ethical standards.
“We take the integrity of original product design very seriously and this has been vindicated in the judge’s ruling that our designer did not copy the design of Azora, that our products do not infringe the registered designs and that we can continue to sell our Smile, Glee and Joy products.”