Utopia Tableware v BBP Marketing [2013] EWPCC 15 (21 January 2013)

Utopia Tableware v BBP Marketing [2013] EWPCC 15 (21 January 2013)

There is a properly arguable case that the Aspen design is not commonplace and has been copied by the defendant; damages would not be an adequate remedy for the claimant; the balance of convenience and status quo favour granting an interim injunction pending trial.

Source-derived case information.

Citation
[2013] EWPCC 15
Parties
Claimant: Utopia Tableware; Defendant: BBP Marketing
Jurisdiction
England and Wales
Judgment Date
21 January 2013
Procedural Posture
Interim Injunction Application / Pre Trial
Outcome
Interim injunction granted pending trial
Legal Topics
Design Right Infringement, Registered Design, Unregistered Design Right, Commonplace Exception, Interim Injunction, Passing Off
Intellectual Property Design Right Infringement Registered Design Unregistered Design Right Commonplace Exception Interim Injunction Passing Off

Source-derived case record

Summary, issues, holding and outcome

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Parties

Utopia Tableware

Claimant

BBP Marketing

Defendant

Procedural Posture

Interim Injunction Application / Pre Trial

Legal Issues

  1. 1 Whether the defendant's Aspire glass infringes the claimant's Aspen design right (registered and unregistered)
  2. 2 Whether the Aspen design is original and not commonplace
  3. 3 Whether damages are an adequate remedy for the claimant

Ratio Decidendi

There is a properly arguable case that the Aspen design is not commonplace and has been copied by the defendant; damages would not be an adequate remedy for the claimant; the balance of convenience and status quo favour granting an interim injunction pending trial.

Court Disposition

Interim injunction granted pending trial

Orders

  • Interim injunction restraining defendant from launching Aspire product pending trial
  • Claimant to provide cross-undertaking in damages