Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors

Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors

Claimants are entitled to injunctions restraining defendants from using or disclosing information in the Fence database (trade secrets), manufacturing and selling the first Netprotect product, delivery up of confidential materials, publication of judgment, and disclosure for financial remedy election; financial...

Source-derived case information.

Parties
Claimant: Vestergaard Frandsen A/S; Claimant: Vestergaard Frandsen SA; Claimant: Disease Control Textiles SA; Defendant: Bestnet Europe Limited; Defendant: 3T Europe Limited; Defendant: Intection Limited; Defendant: Intelligent Insect Control Limited; Defendant: Torben Holm Larsen; Defendant: Trine Angeline Sig
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Civil / Post Liability Judgment, Remedies Determination
Outcome
Claimants partially successful; injunctions granted with limitations; costs awarded on indemnity basis; interim payment ordered.
Legal Topics
Breach of Confidence, Trade Secrets, Injunctions, Account of Profits, Damages, Confidential Information, Remedies, Costs, Disclosure, Restraint of Trade
Intellectual Property Equity Commercial Law Breach of Confidence Trade Secrets Injunctions Account of Profits Damages +5 more

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Parties

Vestergaard Frandsen A/S

Claimant

Vestergaard Frandsen SA

Claimant

Disease Control Textiles SA

Claimant

Bestnet Europe Limited

Defendant

3T Europe Limited

Defendant

Intection Limited

Defendant

Intelligent Insect Control Limited

Defendant

Torben Holm Larsen

Defendant

Trine Angeline Sig

Defendant

Procedural Posture

Civil / Post Liability Judgment, Remedies Determination

Legal Issues

  1. 1 Whether claimants are entitled to remedies for misuse of trade secrets
  2. 2 Scope and form of injunctions for breach of confidence
  3. 3 Appropriate financial remedies for past misuse of confidential information

Ratio Decidendi

Claimants are entitled to injunctions restraining defendants from using or disclosing information in the Fence database (trade secrets), manufacturing and selling the first Netprotect product, delivery up of confidential materials, publication of judgment, and disclosure for financial remedy election; financial remedies are appropriate for past misuse, and injunctions must be proportionate and not put claimants in a better position than if no misuse occurred.

Court Disposition

Claimants partially successful; injunctions granted with limitations; costs awarded on indemnity basis; interim payment ordered.

Orders

  • Injunction restraining defendants from using or disclosing information in Fence database, subject to public domain proviso.
  • Injunction restraining manufacture and sale of first Netprotect product, but not WHOPES II product.