Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor [2015] EWHC 1372 (IPEC) (18 May 2015)

Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor [2015] EWHC 1372 (IPEC) (18 May 2015)

Alfrank is entitled to lost profits for 20% of infringing sales, including convoyed goods, and a reasonable royalty of £100 per table for the remaining 80% of infringing sales.

Citation
[2015] EWHC 1372 (IPEC)
Parties
Claimant: Alfrank Designs Limited; First Defendant: Exclusive (UK) Limited; Second Defendant: Homestyle Operations Limited (Trading as Harveys)
Jurisdiction
England and Wales
Judgment Date
18 May 2015
Procedural Posture
Inquiry as to Damages Following Tomlin Order for Design Right Infringement / Judgment After Hearing
Outcome
Damages awarded to claimant as specified.
Legal Topics
Damages Inquiry, Unregistered Design Right Infringement, Reasonable Royalty, Convoyed Goods
Intellectual Property Design Rights Damages Inquiry Unregistered Design Right Infringement Reasonable Royalty Convoyed Goods

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Parties

Alfrank Designs Limited

Claimant

Exclusive (UK) Limited

First Defendant

Homestyle Operations Limited (Trading as Harveys)

Second Defendant

Procedural Posture

Inquiry as to Damages Following Tomlin Order for Design Right Infringement / Judgment After Hearing

Legal Issues

  1. 1 Assessment of damages for infringement of unregistered EU and UK design rights
  2. 2 Entitlement to lost profits from lost sales
  3. 3 Entitlement to profits from convoyed goods

Ratio Decidendi

Alfrank is entitled to lost profits for 20% of infringing sales, including convoyed goods, and a reasonable royalty of £100 per table for the remaining 80% of infringing sales.

Court Disposition

Damages awarded to claimant as specified.

Orders

  • Claimant entitled to profit from 20% of infringing sales plus convoyed goods profits.
  • Claimant entitled to £100 per table for remaining 80% of infringing sales.