J Choo (Jersey) Ltd. v Towerstone Ltd. & Ors

J Choo (Jersey) Ltd. v Towerstone Ltd. & Ors

The defendant's bag produced the same overall impression on the informed user as the claimant's registered and unregistered Community design, and the similarities justified an inference of copying. There is no statutory defence of innocent infringement for Community design right, so the claimant is entitled to an inquiry as to damages or an account of profits. An undertaking in lieu of an injunction is accepted due to the absence of a continuing threat.

Parties
Claimant: J Choo (Jersey) Limited; Defendants: Towerstone Limited & Others
Jurisdiction
England and Wales
Judgment Date
16 January 2008
Procedural Posture
Civil Intellectual Property / Summary Judgment Application
Outcome
Summary judgment for the claimant
Legal Topics
Community Design Right, Registered Design Infringement, Unregistered Design Right, Summary Judgment, Damages, Injunctions
Intellectual Property Law Community Design Right Registered Design Infringement Unregistered Design Right Summary Judgment Damages Injunctions

Case Brief

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Parties

J Choo (Jersey) Limited

Claimant

Towerstone Limited & Others

Defendants

Procedural Posture

Civil Intellectual Property / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant's handbag infringes the claimant's registered and unregistered Community design rights
  2. 2 Whether the claimant is entitled to damages or an account of profits
  3. 3 Whether innocent infringement is a defence to damages for Community design right infringement

Ratio Decidendi

The defendant's bag produced the same overall impression on the informed user as the claimant's registered and unregistered Community design, and the similarities justified an inference of copying. There is no statutory defence of innocent infringement for Community design right, so the claimant is entitled to an inquiry as to damages or an account of profits. An undertaking in lieu of an injunction is accepted due to the absence of a continuing threat.

Court Disposition

Summary judgment for the claimant

Orders

  • Declaration of infringement of registered and unregistered Community design right
  • Inquiry as to damages or, at claimant's option, account of profits