Bruhn Newtech Ltd v Datanetex Ltd & Anor [2012] EWPCC 17 (18 April 2012)

Bruhn Newtech Ltd v Datanetex Ltd & Anor [2012] EWPCC 17 (18 April 2012)

Bruhn failed to establish that the contracts constituted commission agreements under section 215(2) CDPA, provide evidence for equitable assignment, or justify implied terms vesting design rights. No declaration of ownership is granted. The claim for infringement fails due to lack of identification of rights. The claim for delivery up of goods succeeds only for items not already made available for collection.

Citation
[2012] EWPCC 17
Parties
Claimant: Bruhn Newtech Limited; First Defendant: Datanetex Limited; Second Defendant: Peter Lashbrook
Jurisdiction
England and Wales
Judgment Date
18 April 2012
Procedural Posture
Intellectual Property Dispute / Judgment After Trial
Outcome
Claim for declaration and infringement dismissed; claim for delivery up of goods partially succeeds.
Legal Topics
Ownership of Unregistered Design Rights, Commission Agreements, Equitable Assignment, Implied Contractual Terms, Wrongful Interference With Goods
Intellectual Property Contract Law Ownership of Unregistered Design Rights Commission Agreements Equitable Assignment Implied Contractual Terms Wrongful Interference With Goods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Bruhn Newtech Limited

Claimant

Datanetex Limited

First Defendant

Peter Lashbrook

Second Defendant

Procedural Posture

Intellectual Property Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether Bruhn Newtech Limited is entitled to a declaration of ownership of UK unregistered design rights and Community unregistered design rights in Hazkey products
  2. 2 Whether contracts between Bruhn and Datanetex constituted commission agreements under section 215(2) Copyright Designs and Patents Act 1988
  3. 3 Whether equity or implied terms vest design rights in Bruhn

Ratio Decidendi

Bruhn failed to establish that the contracts constituted commission agreements under section 215(2) CDPA, provide evidence for equitable assignment, or justify implied terms vesting design rights. No declaration of ownership is granted. The claim for infringement fails due to lack of identification of rights. The claim for delivery up of goods succeeds only for items not already made available for collection.

Court Disposition

Claim for declaration and infringement dismissed; claim for delivery up of goods partially succeeds.

Orders

  • No declaration of ownership granted.
  • No injunction or damages awarded.