Intellectual property / registered designs - I don't want to get into hot water!

[aliceapples]

Hello wise ones of LegalBeagles,

I'm currently in the early stages of founding a start-up. I'm currently a one woman band with very (very!) limited funds to hash this out with a legal expert in person, so really hoping someone here is able to help me. I've designed a product (item of clothing for a specific purpose) and when checking the design registry on gov.uk, I can see similar designs however mine does differ in some ways, so I'm hoping it is different enough to register it as a design in its own right.

There is, however, a particular design element registered in its own right - its a double ended zip to fasten the clothing for said specific purpose. The registration says 'double ended zip for (specific purpose)', although it is not attached to a garment - it is literally the zip itself. Does this mean I cannot use a double ended zip anywhere in my design if it is for this purpose, despite no garment design the same as mine is registered? (Or, as far as I can see, available anywhere on the market).

I hope this makes sense - I would really appreciate any advice on this as the last thing I want to do is get myself into legal hot water before I've even launched!

[islandgirl]

This is a very specialist area and you will probably need to pay for some advice (sorry). If the specific zip is registered then you probably cant register a design using that specific zip without infringing the registration. A lot depends on how common double ended zips are but if they are unique then that would probably infringe. Also depends on how it is being used within the design. A professional would have to look at the design and how it was being used. I don't think you can get an answer without some professional help (or the only other thing I can think of is asking the owner of the registration but that somes with its own problems...)

[atticus]

I agree. You need specialist advice.