Doosan Power Systems Ltd v Babcock International Group Plc & Anor

Doosan Power Systems Ltd v Babcock International Group Plc & Anor

The claimant's business in the civil nuclear sector as at 28 September 1995 included a substantial and identifiable range of products and services, including decommissioning, and the exclusive licence in the TMLA covered these activities. The defendants' use of the Babcock name in the civil nuclear business infringed the exclusive licence and amounted to passing off by misrepresenting the claimant's experience and expertise as their own, causing damage to the claimant's goodwill.

Parties
Claimant: Doosan Power Systems Limited; First Defendant: Babcock International Group PLC; Second Defendant: Babcock International Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2013
Procedural Posture
Civil (commercial/ip) / Judgment After Trial
Outcome
Claim allowed (in part)
Legal Topics
Trade Mark Licence, Passing Off, Breach of Contract, Goodwill, Exclusive Licence, Decommissioning Market, Civil Nuclear Business
Intellectual Property Contract Tort Trade Mark Licence Passing Off Breach of Contract Goodwill Exclusive Licence +2 more

Case Brief

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Parties

Doosan Power Systems Limited

Claimant

Babcock International Group PLC

First Defendant

Babcock International Limited

Second Defendant

Procedural Posture

Civil (commercial/ip) / Judgment After Trial

Legal Issues

  1. 1 Proper construction of the exclusive licence granted to BEL in the Trade Mark Licence Agreement (TMLA)
  2. 2 Factual determination of the business carried on by BEL as at 28 September 1995, particularly in the civil nuclear sector
  3. 3 Whether the defendants breached the TMLA by using the Babcock name in the civil nuclear business

Ratio Decidendi

The claimant's business in the civil nuclear sector as at 28 September 1995 included a substantial and identifiable range of products and services, including decommissioning, and the exclusive licence in the TMLA covered these activities. The defendants' use of the Babcock name in the civil nuclear business infringed the exclusive licence and amounted to passing off by misrepresenting the claimant's experience and expertise as their own, causing damage to the claimant's goodwill.

Court Disposition

Claim allowed (in part)

Orders

  • Injunction to restrain the defendants from using the Babcock name and marks in the civil nuclear business as defined in the judgment
  • Enquiry as to damages for breach of contract