Hansel Henson client wins Appointed Person appeal in relation to registered design for diamond
In what is only one of a handful of Appointed Person’s decisions since the appeal route was first used for a registered design case in 2017, Hansel Henson solicitors’ client Mr Shmuel Cohen has successfully resisted an appeal by Utopia Diamonds Ltd against a UKIPO decision in his favour earlier in 2021 in relation to his Registered Design No 6065216. The Appointed Person's decision can be found here, with the original Hearing Officer's decision here.
In an important decision in the high-value and design-rich diamond industry, the Appointed Person (Mr Martin Howe QC) dismissed Utopia Diamonds’ appeal, on the grounds that the applicant was unable to show either that it was the true owner of the Registered Design for the 88-facet diamond or that the Registered Design lacked individual character. The decision has important implications in an industry that is heavily reliant on the validity of its intellectual property, and in particular its registered designs. The case gives guidance as to how registered designs for diamond designs should be interpreted.
Hogarth Chambers’ Jonathan Moss was instructed by Hansel Henson partner David Hansel and associate Will Holmes. The team were involved in the preparation of various evidence and submissions in a factually and legally complex case requiring a day and a half of cross-examination in front of the UKIPO, and a further day’s hearing before the Appointed Person.