Vitof Ltd v Altoft

Vitof Ltd v Altoft

Vitof is entitled to summary judgment declaring that Altoft holds the copyright in the 29 May 2004 version of the PDFM source code on trust for Vitof and owes a duty of confidence in respect of the source code. Altoft is entitled to summary judgment for repayment of £29,000 in director's loans. Vitof is not entitled to summary judgment regarding design right or copyright in circuit board designs/documents, nor on claims for infringement, holding out, or restrictive covenants. Altoft's counterclaim for undervaluation of shares is struck out against Vitof but may proceed against Chiovitti. The remainder of the claims and counterclaims raise triable issues and must proceed to trial.

Parties
Claimant: Vitof Limited; Defendant: Antony John Altoft
Jurisdiction
England and Wales
Judgment Date
11 July 2006
Procedural Posture
Civil (intellectual Property/company) / Ruling on Summary Judgment, Strike Out, Security for Costs, and Related Interlocutory Applications
Outcome
Partial summary judgment for both parties; some claims and counterclaims struck out; remainder to proceed to trial.
Legal Topics
Copyright, Design Right, Fiduciary Duties, Shareholders' Agreements, Summary Judgment, Restrictive Covenants, Conversion, Confidential Information
Intellectual Property Company Law Contract Law Copyright Design Right Fiduciary Duties Shareholders' Agreements Summary Judgment +3 more

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Parties

Vitof Limited

Claimant

Antony John Altoft

Defendant

Procedural Posture

Civil (intellectual Property/company) / Ruling on Summary Judgment, Strike Out, Security for Costs, and Related Interlocutory Applications

Legal Issues

  1. 1 Ownership of copyright in software source code for PDFM labeller
  2. 2 Ownership of design right and copyright in circuit board designs/documents
  3. 3 Breach of fiduciary duties by directors

Ratio Decidendi

Vitof is entitled to summary judgment declaring that Altoft holds the copyright in the 29 May 2004 version of the PDFM source code on trust for Vitof and owes a duty of confidence in respect of the source code. Altoft is entitled to summary judgment for repayment of £29,000 in director's loans. Vitof is not entitled to summary judgment regarding design right or copyright in circuit board designs/documents, nor on claims for infringement, holding out, or restrictive covenants. Altoft's counterclaim for undervaluation of shares is struck out against Vitof but may proceed against Chiovitti. The remainder of the claims and counterclaims raise triable issues and must proceed to trial.

Court Disposition

Partial summary judgment for both parties; some claims and counterclaims struck out; remainder to proceed to trial.

Orders

  • Declaration that Altoft holds copyright in the 29 May 2004 PDFM source code on trust for Vitof; Altoft to execute assignment to Vitof.
  • Declaration that Altoft owes Vitof a duty of confidence in respect of the source code.