J Choo (Jersey) Ltd. v Towerstone Ltd. & Ors [2008] EWHC 346 (Ch) (16 January 2008)

J Choo (Jersey) Ltd. v Towerstone Ltd. & Ors [2008] EWHC 346 (Ch) (16 January 2008)

The defendant's bag produced the same overall impression on the informed user as the claimant's registered and unregistered Community designs, amounting to infringement. There is no statutory defence of innocent infringement for Community design rights, so the claimant is entitled to an enquiry as to damages or, at its option, an account of profits. An undertaking in lieu of an injunction was accepted due to the defendant's offer.

Citation
[2008] EWHC 346 (Ch)
Parties
Claimant: J Choo (Jersey) Limited; First Defendant: Towerstone Limited
Jurisdiction
England and Wales
Judgment Date
16 January 2008
Procedural Posture
Intellectual Property Infringement (design Right) / Application for Summary Judgment
Outcome
Summary judgment granted for the claimant against the first defendant.
Legal Topics
Community Registered Design Infringement, Unregistered Community Design Right, Summary Judgment, Innocent Infringement Defence, Remedies (damages, Account of Profits, Injunction)
Intellectual Property Law Community Registered Design Infringement Unregistered Community Design Right Summary Judgment Innocent Infringement Defence Remedies (damages, Account of Profits, Injunction)

Case Brief

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Parties

J Choo (Jersey) Limited

Claimant

Towerstone Limited

First Defendant

Procedural Posture

Intellectual Property Infringement (design Right) / Application for Summary Judgment

Legal Issues

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

Ratio Decidendi

The defendant's bag produced the same overall impression on the informed user as the claimant's registered and unregistered Community designs, amounting to infringement. There is no statutory defence of innocent infringement for Community design rights, so the claimant is entitled to an enquiry as to damages or, at its option, an account of profits. An undertaking in lieu of an injunction was accepted due to the defendant's offer.

Court Disposition

Summary judgment granted for the claimant against the first defendant.

Orders

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