Dyson, designer and producer of vacuums successfully sued Qualtex for infringing its unregistered design rights after Qualtex began producing spare parts for Dyson cleaners and have just upheld their position in appeal.
The parts were deliberately similar to the originals, with QualtextÂs defence resting on the fact that the products fell within the Âmust fit and Âmust match exceptions to s.213 of the Copyright, Designs and Patents Act 1988. At trial this defence was rejected by Mr Justice Mann.
Qualtex appealed arguing Mann had misconstrued s.213, but have been dismissed at the Court of Appeal with MannÂs original conclusions upheld.
