Whitby Specialist Vehicles Ltd v Yorkshire Specialist Vehicles Ltd, High Court
In a dispute heard by the High Court, it seems that a refreshing treat on a hot day should have been the call to melt an icy dispute between two rival ice cream van companies in Yorkshire. One claimed that the other had infringed its registered designs and unregistered design rights, by having a very similar looking ice cream van. The first job of the High Court was to decide whether the claimant’s van was sufficiently original and individual in character compared to other vans in order to be protected. The Court said they were. The next step was to ascertain infringement, and the Court ruled that although there were minor differences, the defendant’s designs were very similar to the claimant’s and produced the same overall impression. The judgment was awarded in favour of the claimant. The question remaining was whether the people of Yorkshire had received fewer ice cream van visits while the regular suppliers were distracted by their court battle.