Leighton Vans Ltd v Harris & Anor [2022] EWHC 2386 (Ch) (29 July 2022)

Leighton Vans Ltd v Harris & Anor [2022] EWHC 2386 (Ch) (29 July 2022)

A short-term interim injunction is appropriate in respect of the two identified versions of allegedly infringing bumpers, as there is a serious issue to be tried and damages may not be an adequate remedy for the claimant; however, the injunction must be limited to specific identified products and not generally worded to cover all substantially similar designs. Disclosure of third party suppliers/manufacturers is refused as not necessary or proportionate on current evidence.

Citation
[2022] EWHC 2386 (Ch)
Parties
Claimant: Leighton Vans Limited; Defendant: David William Harris; Defendant: All Seasons Leisure Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Interim Injunction Application / Interlocutory
Outcome
Short-term interim injunction granted in respect of two identified versions of bumpers; disclosure application refused.
Legal Topics
Unregistered Design Rights, Interim Injunctions, Disclosure, Copyright, Designs and Patents Act 1988 S.226(3), Norwich Pharmacal Orders
Intellectual Property Commercial Law Unregistered Design Rights Interim Injunctions Disclosure Copyright, Designs and Patents Act 1988 S.226(3) Norwich Pharmacal Orders

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Parties

Leighton Vans Limited

Claimant

David William Harris

Defendant

All Seasons Leisure Limited

Defendant

Procedural Posture

Interim Injunction Application / Interlocutory

Legal Issues

  1. 1 Whether to grant an interim injunction restraining alleged infringement of unregistered design rights in van bumpers
  2. 2 Appropriate scope and wording of any injunction
  3. 3 Whether to order disclosure of third party suppliers/manufacturers

Ratio Decidendi

A short-term interim injunction is appropriate in respect of the two identified versions of allegedly infringing bumpers, as there is a serious issue to be tried and damages may not be an adequate remedy for the claimant; however, the injunction must be limited to specific identified products and not generally worded to cover all substantially similar designs. Disclosure of third party suppliers/manufacturers is refused as not necessary or proportionate on current evidence.

Court Disposition

Short-term interim injunction granted in respect of two identified versions of bumpers; disclosure application refused.

Orders

  • Short-term interim injunction restraining defendants from manufacturing, selling, or supplying version 1 and version 2 bumpers pending further order.
  • No order for disclosure of third party suppliers or manufacturers.