Kohler Mira Ltd v Bristan Group Ltd [2014] EWHC 1931 (IPEC) (13 June 2014)

Kohler Mira Ltd v Bristan Group Ltd [2014] EWHC 1931 (IPEC) (13 June 2014)

Bristan could not rely on the innocence defence at the damages inquiry stage due to procedural fairness and policy; Kohler failed to prove lost profits on lost sales due to speculative evidence; damages are to be assessed as a reasonable royalty of 6.7% of Bristan's sales price for infringing units; no additional...

Source-derived case information.

Citation
[2014] EWHC 1931 (IPEC)
Parties
Claimant: Kohler Mira Limited; Defendant: Bristan Group Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2014
Procedural Posture
Inquiry as to Damages Following Design Right Infringement Judgment / Post Liability, Damages Assessment
Outcome
Damages awarded to claimant as reasonable royalty; no damages excluded under innocence defence; no uplift for moral prejudice; no award for additional advertising costs.
Legal Topics
UK Unregistered Design Rights, Damages Assessment, Reasonable Royalty, Innocence Defence, Licence of Right, Moral Prejudice
Intellectual Property Design Rights UK Unregistered Design Rights Damages Assessment Reasonable Royalty Innocence Defence Licence of Right Moral Prejudice

Source-derived case record

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kohler Mira Limited

Claimant

Bristan Group Limited

Defendant

Procedural Posture

Inquiry as to Damages Following Design Right Infringement Judgment / Post Liability, Damages Assessment

Legal Issues

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

Ratio Decidendi

Bristan could not rely on the innocence defence at the damages inquiry stage due to procedural fairness and policy; Kohler failed to prove lost profits on lost sales due to speculative evidence; damages are to be assessed as a reasonable royalty of 6.7% of Bristan's sales price for infringing units; no additional damages for advertising or moral prejudice are awarded.

Court Disposition

Damages awarded to claimant as reasonable royalty; no damages excluded under innocence defence; no uplift for moral prejudice; no award for additional advertising costs.

Orders

  • Bristan to pay Kohler damages equivalent to a 6.7% royalty on sales price of infringing shower units.
  • No damages excluded under s.233(1) of the Copyright, Designs and Patents Act 1988.