Tech 21 UK Ltd v Logitech Europe SA [2015] EWHC 2614 (Ch) is a High Court, England and Wales, ruling of Deputy Judge Stephen Jourdan QC yesterday.

In short, Tech21 issued a claim form seeking declarations (i)that it has not infringed and will not infringe any Community unregistered design right owned by Logitech by making, processing, offering, putting on the market, importing, exporting or using protective iPad Air and/or iPad mini cases sold under the name "Impact Folio" within the European Community, nor any UK unregistered design right or other rights subsisting in the same designs and (ii) that Logitech has made unjustifiable threats to bring proceedings for infringement of Community unregistered design right in respect of Tech21's possessing, offering, putting on the market, and/or using such cases. The claim form also claimed an injunction to restrain further such threats, dissemination of the judgment and costs.

The court came to the somewhat inconvenient conclusion, from Tech21's point of view, that it had jurisdiction to make the declaration in respect of Logitech's threats, but not the declaration of non-infringement of Logitech's Community unregistered design rights (since the only EU Member states in which Logitech had an establishment were the Netherlands and Croatia, whose courts alone could deal with this); nor did the court have jurisdiction to hear the declaration of non-infringement of the UK unregistered right since had not been established that any such right existed (such rights only vest in designs made by a "qualifying person").