Vimage Products Ltd v Data Candy Ltd & Ors [2022] EWHC 606 (IPEC) (18 March 2022)

Vimage Products Ltd v Data Candy Ltd & Ors [2022] EWHC 606 (IPEC) (18 March 2022)

Joinder of Lenken Limited and Ms Sam Pony is desirable to resolve all matters in dispute efficiently; the amendments to the Particulars of Claim are properly pleaded, have reasonable prospects of success, and satisfy the cost-benefit test; disclosure of design drawings or a sample product is proportionate and...

Source-derived case information.

Citation
[2022] EWHC 606 (IPEC)
Parties
Claimant: Vimage Products Limited; First Defendant: Data Candy Limited; Second Defendant: Ms Joanne Roper; Proposed Third Defendant: Lenken Limited; Proposed Fourth Defendant: Ms Sam Pony
Jurisdiction
England and Wales
Judgment Date
18 March 2022
Procedural Posture
Intellectual Property Claim / Interlocutory Application for Joinder, Amendment, and Disclosure
Outcome
Application granted in full
Legal Topics
Unregistered Design Right Infringement, Passing Off, Joinder of Parties, Amendment of Pleadings, Disclosure
Intellectual Property Civil Procedure Unregistered Design Right Infringement Passing Off Joinder of Parties Amendment of Pleadings Disclosure

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Parties

Vimage Products Limited

Claimant

Data Candy Limited

First Defendant

Ms Joanne Roper

Second Defendant

Lenken Limited

Proposed Third Defendant

Ms Sam Pony

Proposed Fourth Defendant

Procedural Posture

Intellectual Property Claim / Interlocutory Application for Joinder, Amendment, and Disclosure

Legal Issues

  1. 1 Whether Lenken Limited and Ms Sam Pony should be joined as defendants under CPR r.19.2(2)(a)
  2. 2 Whether permission should be granted to amend the Particulars of Claim
  3. 3 Whether disclosure of design drawings or a sample product should be ordered

Ratio Decidendi

Joinder of Lenken Limited and Ms Sam Pony is desirable to resolve all matters in dispute efficiently; the amendments to the Particulars of Claim are properly pleaded, have reasonable prospects of success, and satisfy the cost-benefit test; disclosure of design drawings or a sample product is proportionate and appropriate at this stage.

Court Disposition

Application granted in full

Orders

  • Lenken Limited and Ms Sam Pony joined as defendants
  • Permission granted to amend the Particulars of Claim