Dahlia Fashion Co Ltd v Broadcast Session Ltd & Anor [2012] EWPCC 23 (16 May 2012)

Dahlia Fashion Co Ltd v Broadcast Session Ltd & Anor [2012] EWPCC 23 (16 May 2012)

The defence in relation to the Betty Dress is weak and improbable but not so hopeless as to justify summary judgment; a conditional order requiring payment into court is appropriate to secure costs and possible damages.

Citation
[2012] EWPCC 23
Parties
Claimant: Dahlia Fashion Co Limited; Defendant: Broadcast Session Limited; Defendant: Karmesh Dhoj Joshi
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Summary Judgment Application / Determined on Paper, Pre Trial
Outcome
Conditional order granted; summary judgment refused.
Legal Topics
Unregistered Design Right, Summary Judgment, Conditional Order, Personal Liability
Intellectual Property Civil Procedure Unregistered Design Right Summary Judgment Conditional Order Personal Liability

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Parties

Dahlia Fashion Co Limited

Claimant

Broadcast Session Limited

Defendant

Karmesh Dhoj Joshi

Defendant

Procedural Posture

Summary Judgment Application / Determined on Paper, Pre Trial

Legal Issues

  1. 1 Whether summary judgment should be granted for infringement of unregistered design rights in the Betty Dress
  2. 2 Whether the defence relating to the Betty Dress is sufficiently arguable to avoid summary judgment
  3. 3 Whether a conditional order is appropriate given the weakness of the defence

Ratio Decidendi

The defence in relation to the Betty Dress is weak and improbable but not so hopeless as to justify summary judgment; a conditional order requiring payment into court is appropriate to secure costs and possible damages.

Court Disposition

Conditional order granted; summary judgment refused.

Orders

  • Defendants must pay £10,000 into court within 14 days as security for costs and possible damages relating to the Betty Dress.
  • If payment is not made, the defence of both defendants regarding the Betty Dress will be struck out.