Vax 10.8V Gator Handheld Vacuum Cleaner The Vax 10.8V Gator Handheld Vacuum Cleaner is perfect for quick cleans around the house. With 0.30ltr dust capacity this portable handheld vacuum provides fast and effective cleaning anywhere in the home when required. Its alligator-style mouth flips open at the touch of a button for easy dirt disposal not forgetting that included crevice tools provided is ideal for cleaning in those tight corners. Vacuum cleaners and Kats don’t really mix.  The merest sniff of the Hoover (and before anyone asks: yes, it was) being dragged from its resting place used to be enough to propel this Kat’s now dearly departed old moggy into the grimalkin equivalent of orbit (which, for those not familiar with the aerospace aspirations of individuals of the feline persuasion, is somewhere close to the back of the airing cupboard).  therefore with a degree of trepidation that this Kat embarks upon discussion of the decision of the Court of Appeal, handed down late last week, in Dyson v Vax [2011] EWCA Civ 1206.

The dispute concerns an appeal from the judgment of Mr Justice Arnold ([2010] EWHC 1923 (Pat)) who had held Dyson’s UK registered design (No. 2 043 779) for the DC02 vacuum cleaner not to have been infringed by Vax’s Mach Zen C-91 MZ.  Jacob provided the main judgment, with which Jackson and Black LJJ agreed. The Registered Design (side view) In relation to the degree of design freedom experienced by the designer, Dyson argued that the Judge had concentrated too much on the technical reasons for some of the features, thereby downplaying the overall effect of the design.  that the Court should accept that the design freedom was great and that accordingly “because the DC02 was a major departure from anything that went before, its degree of protection should be correspondingly wide”. The Mach Zen (side view) Accordingly, when viewed through the eyes of the informed user – a notional person: neither manufacturer or seller of products

incorporating the design, but someone who pays a relatively high degree of attention when he uses the products concerned [as Merpel notes: essentially the Court with its reading glasses on] – the overall impression of the Mach Zen and the registered design were not the same.An informed user looking at the two designs would indeed notice the difference between them because the overall impressions are different: "smooth curving and elegant" versus "rugged angularThese are different designs.” The Class 99 blog, has already posted further thoughts on the case.  As has Dyson, which issued a statement in which it commented that: “Dyson has lost its design rights case against Chinese-owned Vax (part of TTI). British courts failed to find fault with the Chinese conglomerate aping the appearance of Dyson’s iconic DC02 cleaner, bypassing inventiveness in favour of imitation, yet in France Dyson won its hard fought design case against the same firm (TTI).”

"James Dyson: “By copying our design, Vax has attempted to ride our coattails, crudely cashing-in on the success we’ve built on better engineering. bagless vacuum cleaners on saleWe’ve invested decades, not to mention millions, in creating better technology. henry vacuum cleaner toysAnd sadly we waste millions more in casesinfinity vacuum cleaner partsWe need to better protect British design."" The Revolution from Vax is a bagless, cordless vacuum. Lightweight and compact, it features a powerful 7.2V battery and innovative swivel head for maneuverability. With no filters and no bags to replace, it's simple to use with no consumables and no fuss. Vax Revolution Floor Sweeper > > « Back Click and Collect from Trago Branch