DPA (London) Ltd v D'Aguanno & Ors

DPA (London) Ltd v D'Aguanno & Ors

Mr D’Aguanno admitted to copying and storing certain works (ADA Stored Works) for his portfolio, constituting copyright infringement and breach of contract; no evidence of wider use or removal; Ms Muller not bound by restrictive covenants; Defendants did not use Claimant's works in Wellington House project.

Parties
Claimant: DPA (London) Limited; First Defendant: Andrea D’Aguanno; Second Defendant: Gretel Muller; Third Defendant: MUDA Architecture Ltd
Jurisdiction
England and Wales
Judgment Date
03 September 2020
Procedural Posture
Copyright and Breach of Contract Claim / Judgment After Liability Trial
Outcome
Claim partly allowed against First Defendant; dismissed as against Second and Third Defendants.
Legal Topics
Copyright Infringement, Breach of Contract, Restrictive Covenants, Architectural Works
Intellectual Property Contract Law Copyright Infringement Breach of Contract Restrictive Covenants Architectural Works

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Parties

DPA (London) Limited

Claimant

Andrea D’Aguanno

First Defendant

Gretel Muller

Second Defendant

MUDA Architecture Ltd

Third Defendant

Procedural Posture

Copyright and Breach of Contract Claim / Judgment After Liability Trial

Legal Issues

  1. 1 Whether Defendants infringed copyright in architectural works
  2. 2 Whether Defendants breached contract terms regarding storage and return of works
  3. 3 Whether Second Defendant was bound by restrictive covenants

Ratio Decidendi

Mr D’Aguanno admitted to copying and storing certain works (ADA Stored Works) for his portfolio, constituting copyright infringement and breach of contract; no evidence of wider use or removal; Ms Muller not bound by restrictive covenants; Defendants did not use Claimant's works in Wellington House project.

Court Disposition

Claim partly allowed against First Defendant; dismissed as against Second and Third Defendants.

Orders

  • First Defendant to pay nominal damages of £1 to Claimant for copyright infringement and breach of contract.
  • Remainder of claim dismissed.