Bayerische Motoren Werke AG v Premier Alloy Wheels (UK) Ltd & Ors

Bayerische Motoren Werke AG v Premier Alloy Wheels (UK) Ltd & Ors

D3, D1, and D2 infringed BMW's trade marks, committed passing off, and infringed registered Community designs. D2 also breached contract. D4 and D5, though not direct infringers, provided more than trivial assistance to D3's infringing acts pursuant to a common design and are jointly liable for those acts (D4 only until 2 September 2017). The evidence did not justify injunctive relief beyond the six RCDs where infringement was proven.

Parties
Claimant: Bayerische Motoren Werke AG; First Defendant: Premier Alloy Wheels (UK) Limited; Second Defendant: Devon Thompson; Third Defendant: DGT Wheels and Tyres Limited; Fourth Defendant: Jerome David Layzell; Fifth Defendant: David Layzell
Jurisdiction
England and Wales
Judgment Date
30 July 2020
Procedural Posture
Intellectual Property Infringement (trade Marks, Passing Off, Registered Designs, Breach of Contract) / Judgment After Remote Trial
Outcome
Judgment for the claimant on all claims against D1, D2, D3; partial liability for D4 and D5; counterclaim dismissed.
Legal Topics
Trade Mark Infringement, Passing Off, Registered Community Design Infringement, Accessory Liability, Breach of Contract
Intellectual Property Contract Trade Mark Infringement Passing Off Registered Community Design Infringement Accessory Liability Breach of Contract

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Parties

Bayerische Motoren Werke AG

Claimant

Premier Alloy Wheels (UK) Limited

First Defendant

Devon Thompson

Second Defendant

DGT Wheels and Tyres Limited

Third Defendant

Jerome David Layzell

Fourth Defendant

David Layzell

Fifth Defendant

Procedural Posture

Intellectual Property Infringement (trade Marks, Passing Off, Registered Designs, Breach of Contract) / Judgment After Remote Trial

Legal Issues

  1. 1 Whether the defendants infringed BMW's registered trade marks and Community designs
  2. 2 Whether the defendants committed passing off
  3. 3 Whether D4 and D5 are personally liable for acts of D3

Ratio Decidendi

D3, D1, and D2 infringed BMW's trade marks, committed passing off, and infringed registered Community designs. D2 also breached contract. D4 and D5, though not direct infringers, provided more than trivial assistance to D3's infringing acts pursuant to a common design and are jointly liable for those acts (D4 only until 2 September 2017). The evidence did not justify injunctive relief beyond the six RCDs where infringement was proven.

Court Disposition

Judgment for the claimant on all claims against D1, D2, D3; partial liability for D4 and D5; counterclaim dismissed.

Orders

  • Injunctions granted against D1, D2, D3, D4 (until 2 September 2017), and D5 for trade mark, passing off, and RCD infringement limited to six specified RCDs.
  • Declaration of breach of contract against D2.