Chateau & Villa Company Ltd v Accomodia Ltd

The database was made jointly and belongs to both parties; the claimant has not established exclusive rights or a sufficient cause of action to justify the intrusive injunction sought.

Parties: Claimant: Chateau & Villa Company Limited; Defendant: Accomodia Limited
Jurisdiction: England and Wales
Judgment Date: 20 June 2008
Procedural Posture: Injunction Application / Interlocutory
Outcome: injunction refused
Legal Topics: Joint Venture, Database Rights, Interim Injunctions, Partnership Exit Strategy

Commercial Law Intellectual Property Joint Venture Database Rights Interim Injunctions Partnership Exit Strategy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

Chateau & Villa Company Limited

Claimant

Accomodia Limited

Defendant

Procedural Posture

Injunction Application / Interlocutory

Legal Issues

1 Whether the claimant is entitled to an interim injunction restraining the defendant from using or disclosing the database of owners and related documents
2 Whether the database rights belong exclusively to the claimant or jointly to both parties under the Joint Venture Agreement

Ratio Decidendi

The database was made jointly and belongs to both parties; the claimant has not established exclusive rights or a sufficient cause of action to justify the intrusive injunction sought.

Court Disposition

injunction refused

Orders

Defendant's undertaking to keep full and proper accounts and pay 50% of receipts into a solicitor's account pending trial is embodied in the refusal of the order.