The recent case of Luxe World v Touch of Vogue (UK High Court) is a timely reminder for design owners that, by all means, they should enforce their registered designs. That’s what they’re for, after all, and various online platforms like Amazon offer a powerful route for doing so. But at the same time, anticipate pushbacks in advance, and especially in terms of potentially relevant prior art.
 
In this case, Touch of Vogue had complained to Amazon that Luxe World sold a bike on the platform that infringed a registered design for a “dolphin” bike accessory, leading to Amazon taking the goods down. However Luxe World has now issued court proceedings, alleging the registered design used to delist its products is invalid due to designs seen in other Alibaba listings.
 
The take home lesson? Assert your rights boldly, but assess possible counterarguments wisely. A strong enforcement strategy includes not just filing complaints, but also being prepared to defend the validity of your rights – or even stand ready to relinquish them – when properly challenged.