Recent Cases

Expert Witness - High Profile Intellectual Property Case - Rothys Inc v Giesswein Walkwaren AG

For six months, Antoinette Shoe Consultants has been involved in a High Profile Intellectual Property Case which came to The High Court of Justice on the 16th and 17th of November 2020.

The case was between Rothys Inc. (a Company incorporated under The Laws of Delaware U.S.A) as Claimant and Giesswein Walkwaren AG (a Company incorporated under the Laws of The Republic of Austria) as Defendant.

Ms Lindsay Lane QC was the Barrister instructed by Bird and Bird LLP (Claimant) and Mr Thomas Jones Barrister was instructed by Stobbs IP (Defendant).

Rosemary W Wright owner of Antoinette Designs an International Design Studio, named designer and inventor of many Intellectual Property designs and Patents was the Expert Witness for the Defendant. She has appeared in numerous high-profile cases in both the UK and USA as Expert Witness. The Deputy High Court Judge Mr David Stone was complimentary about Rosemary and her evidence.

The outcome of the judgement was that 1) There had been No Copying, 2) Rothys Unregistered Design Claim Failed, 3) The Registered Design was held to be valid and sufficiently different to the prior art, and 4) he therefore concluded that the Pointy flat infringes the Registered Design.

The hearing was held remotely using Skype video conferencing software owing to the current COVID-19 pandemic, with Rosemary connecting from a secure facility in Cambridge. Further Witnesses appeared from Vietnam, Hawaii, USA, UK, Italy and Austria.

The judgement had to be arrived at quickly because of the UK departure from the European Union i.e. before the 31st December 2020. Below attached is the judgement of Mr David Stone sitting as Deputy High Court Judge.

We are pleased to have been of assistance in such an important case.