Temple Island Collection Ltd v New English Teas Ltd & Anor [2011] EWPCC 21 (29 July 2011)

Temple Island Collection Ltd v New English Teas Ltd & Anor [2011] EWPCC 21 (29 July 2011)

The 5% royalty is due on the full trade price of all products incorporating the infringing work, including multipacks, with a 7% deduction for sales discrepancies as verified by the defendants. The reasonable cost for drafting the licence agreement is assessed at £1,500. The claim for specific performance to enter into a licence is rejected as the agreement was varied by the parties. The question of an 'open book' term does not arise as no licence is required.

Citation
[2011] EWPCC 21
Parties
Claimant: Temple Island Collection Limited; First Defendant: New English Teas Limited; Second Defendant: Nicholas John Houghton
Jurisdiction
England and Wales
Judgment Date
29 July 2011
Procedural Posture
Copyright Infringement and Contractual Dispute / Judgment on Paper Following Written Submissions
Outcome
Partially allowed
Legal Topics
Copyright Infringement, Settlement Agreements, Royalty Calculation, Specific Performance, Licence Drafting Costs
Intellectual Property Law Contract Law Copyright Infringement Settlement Agreements Royalty Calculation Specific Performance Licence Drafting Costs

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Parties

Temple Island Collection Limited

Claimant

New English Teas Limited

First Defendant

Nicholas John Houghton

Second Defendant

Procedural Posture

Copyright Infringement and Contractual Dispute / Judgment on Paper Following Written Submissions

Legal Issues

  1. 1 Calculation of royalty due under settlement agreement
  2. 2 Entitlement to costs for drafting licence agreement
  3. 3 Claim for specific performance to enter into licence

Ratio Decidendi

The 5% royalty is due on the full trade price of all products incorporating the infringing work, including multipacks, with a 7% deduction for sales discrepancies as verified by the defendants. The reasonable cost for drafting the licence agreement is assessed at £1,500. The claim for specific performance to enter into a licence is rejected as the agreement was varied by the parties. The question of an 'open book' term does not arise as no licence is required.

Court Disposition

Partially allowed

Orders

  • Defendants to pay 5% royalty on full trade price of all products incorporating the infringing work, with a 7% deduction for sales discrepancies.
  • Defendants to pay £1,500 for costs of drafting the licence agreement.