Praesidiad Holding BVBA & Anor v Zaun Limited

Praesidiad Holding BVBA & Anor v Zaun Limited

Article 86(5) of the CD Regulation is a provision regarding jurisdiction within the meaning of Article 67(1) of the Withdrawal Agreement and is given effect by section 7A of the 2020 Act, precluding Zaun from bringing its counterclaim for invalidity of the RCD; common law principles of res judicata and issue estoppel also preclude Zaun from challenging the validity of the UKRRD, which derives from the RCD and is subject to the same grounds of invalidity.

Parties
Claimant/respondent: PRAESIDIAD HOLDING BVBA; Claimant/respondent: GUARDIAR EUROPE BVBA; Defendant/appellant: ZAUN LIMITED
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Civil Appeal / Appeal From High Court Decision Striking Out Counterclaim
Outcome
Appeal dismissed
Legal Topics
Registered Community Designs, UK Re Registered Designs, Jurisdiction, Res Judicata, Abuse of Process, Brexit Legislation, Withdrawal Agreement
Intellectual Property Civil Procedure Registered Community Designs UK Re Registered Designs Jurisdiction Res Judicata Abuse of Process Brexit Legislation +1 more

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Parties

PRAESIDIAD HOLDING BVBA

Claimant/respondent

GUARDIAR EUROPE BVBA

Claimant/respondent

ZAUN LIMITED

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Decision Striking Out Counterclaim

Legal Issues

  1. 1 Whether Zaun is precluded from challenging the validity of the RCD and UKRRD after prior EUIPO proceedings
  2. 2 Interpretation and effect of Article 86(5) of the CD Regulation post-Brexit
  3. 3 Application of res judicata and abuse of process to UKRRD

Ratio Decidendi

Article 86(5) of the CD Regulation is a provision regarding jurisdiction within the meaning of Article 67(1) of the Withdrawal Agreement and is given effect by section 7A of the 2020 Act, precluding Zaun from bringing its counterclaim for invalidity of the RCD; common law principles of res judicata and issue estoppel also preclude Zaun from challenging the validity of the UKRRD, which derives from the RCD and is subject to the same grounds of invalidity.

Court Disposition

Appeal dismissed

Orders

  • Zaun's counterclaim for invalidity of the RCD and UKRRD struck out
  • No jurisdiction to entertain Zaun's counterclaim for invalidity of the RCD