Deckers v RSS Shoes

 

When the UK Border Agency detained an RSS Edge Shoes shipment, the company turned to Mewburn Ellis for help.

Deckers v RSS Shoes

RSS Edge Shoes Limited is a UK shoe wholesaler.  Their shoes were detained by the UK Border Agency for an alleged infringement of Registered Community Design rights belonging to a major international footwear company.  RSS Edge Shoes contacted Matt Naylor and Stephen Hodsdon in the Mewburn Ellis dispute resolution team and they advised RSS Edge Shoes to resist the demands of the international footwear company to destroy the footwear consignment.  Instead, they advised them to contest the validity of the relevant Community Design Registrations.

Infringement in the Patents County Court

When the international footwear company commenced proceedings against RSS Edge Shoes for Registered Community Design infringement in the Patents County Court (as it then was called), the Mewburn Ellis team worked closely with a barrister to prepare and file a detailed defence, including evidence of earlier designs which cast doubt on the validity of the Community Design Registrations owned by the international footwear company.

The case was settled on a confidential basis before trial, on terms that were more favourable to RSS Edge Shoes than those offered at the outset – the costly destruction of the footwear consignment was avoided.