Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor

Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor

Alfrank failed to prove a one-to-one loss for all infringing sales but established that 20% of Exclusive's infringing sales would have resulted in sales of Alfrank's tables and convoyed goods; for the remaining 80%, damages are assessed at a reasonable royalty of £100 per table.

Parties
Claimant: Alfrank Designs Limited; First Defendant: Exclusive (UK) Limited; Second Defendant: Homestyle Operations Limited (trading as Harveys)
Jurisdiction
England and Wales
Judgment Date
18 May 2015
Procedural Posture
Inquiry as to Damages Following Design Right Infringement / Judgment After Inquiry on Quantum
Outcome
Partially in favour of claimant (Alfrank)
Legal Topics
Unregistered Design Rights, Damages Assessment, Reasonable Royalty, Loss of Profits, Convoyed Goods
Intellectual Property Commercial Law Unregistered Design Rights Damages Assessment Reasonable Royalty Loss of Profits Convoyed Goods

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Parties

Alfrank Designs Limited

Claimant

Exclusive (UK) Limited

First Defendant

Homestyle Operations Limited (trading as Harveys)

Second Defendant

Procedural Posture

Inquiry as to Damages Following Design Right Infringement / Judgment After Inquiry on Quantum

Legal Issues

  1. 1 What proportion of infringing sales caused loss of sales to the claimant?
  2. 2 Are profits from convoyed goods recoverable?
  3. 3 What is the appropriate reasonable royalty for non-causative infringing sales?

Ratio Decidendi

Alfrank failed to prove a one-to-one loss for all infringing sales but established that 20% of Exclusive's infringing sales would have resulted in sales of Alfrank's tables and convoyed goods; for the remaining 80%, damages are assessed at a reasonable royalty of £100 per table.

Court Disposition

Partially in favour of claimant (Alfrank)

Orders

  • Alfrank entitled to profit on 20% of infringing table sales plus profits on convoyed goods in specified proportions.
  • Alfrank entitled to damages of £100 per table for remaining 80% of infringing sales.