Kohler Mira Ltd v Bristan Group Ltd

Kohler Mira Ltd v Bristan Group Ltd

Bristan is not entitled to rely on s.233(1) at the damages inquiry stage due to procedural fairness and policy considerations. Kohler failed to establish lost profits with sufficient certainty, so damages are to be assessed on a reasonable royalty basis. The appropriate royalty is 6.7% of Bristan's sales price, reflecting 30% of available profits. No additional damages are awarded for advertising costs or moral prejudice uplift.

Parties
Claimant: Kohler Mira Limited; Defendant: Bristan Group Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2014
Procedural Posture
Inquiry as to Damages (intellectual Property Infringement) / Post Liability Judgment, Damages Assessment
Outcome
Damages awarded to Kohler Mira Limited assessed as a reasonable royalty at 6.7% of Bristan's sales price of infringing shower units. No award for lost profits, additional advertising costs, or moral prejudice uplift. No damages excluded under s.233(1).
Legal Topics
Design Rights Infringement, Damages Assessment, Reasonable Royalty, Lost Profits, Licence of Right, Moral Prejudice, User Principle
Intellectual Property Law Tort Law Design Rights Infringement Damages Assessment Reasonable Royalty Lost Profits Licence of Right Moral Prejudice +1 more

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Parties

Kohler Mira Limited

Claimant

Bristan Group Limited

Defendant

Procedural Posture

Inquiry as to Damages (intellectual Property Infringement) / Post Liability Judgment, Damages Assessment

Legal Issues

  1. 1 Whether Bristan can rely on s.233(1) Copyright, Designs and Patents Act 1988 at the damages inquiry stage
  2. 2 Whether damages for lost profits can include unprotected products
  3. 3 How to assess a reasonable royalty for infringement of unregistered design rights

Ratio Decidendi

Bristan is not entitled to rely on s.233(1) at the damages inquiry stage due to procedural fairness and policy considerations. Kohler failed to establish lost profits with sufficient certainty, so damages are to be assessed on a reasonable royalty basis. The appropriate royalty is 6.7% of Bristan's sales price, reflecting 30% of available profits. No additional damages are awarded for advertising costs or moral prejudice uplift.

Court Disposition

Damages awarded to Kohler Mira Limited assessed as a reasonable royalty at 6.7% of Bristan's sales price of infringing shower units. No award for lost profits, additional advertising costs, or moral prejudice uplift. No damages excluded under s.233(1).

Orders

  • Damages to be paid by Bristan to Kohler at 6.7% of sales price of infringing units
  • No award for additional advertising and promotional costs