Leighton Vans Limited v David William Harris & Anor.

Leighton Vans Limited v David William Harris & Anor.

Court granted a short-term interim injunction limited to two identified versions of allegedly infringing bumpers, finding a serious issue to be tried and risk of reputational damage to claimant; refused broad injunction wording and disclosure order due to lack of necessity and proportionality.

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
Intellectual Property Dispute / Interim Injunction Application
Outcome
Short-term interim injunction granted in relation to version 1 and version 2 bumpers; disclosure order refused.
Legal Topics
Design Rights, Interim Injunctions, Norwich Pharmacal Disclosure, Copyright, Designs and Patents Act 1988
Intellectual Property Design Rights Interim Injunctions Norwich Pharmacal Disclosure Copyright, Designs and Patents Act 1988

Case Brief

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Parties

Leighton Vans Limited

Claimant

David William Harris

Defendant

All Seasons Leisure Limited

Defendant

Procedural Posture

Intellectual Property Dispute / Interim Injunction Application

Legal Issues

  1. 1 Whether the defendants infringed the claimant's unregistered design rights in VW Transporter van bumpers
  2. 2 Appropriate scope and wording of interim injunction
  3. 3 Necessity and scope of disclosure orders under Norwich Pharmacal principles

Ratio Decidendi

Court granted a short-term interim injunction limited to two identified versions of allegedly infringing bumpers, finding a serious issue to be tried and risk of reputational damage to claimant; refused broad injunction wording and disclosure order due to lack of necessity and proportionality.

Court Disposition

Short-term interim injunction granted in relation to version 1 and version 2 bumpers; disclosure order refused.

Orders

  • Interim injunction against manufacture, sale, supply, or use of version 1 and version 2 bumpers by defendants.
  • No order for disclosure of mould makers or suppliers beyond Excel Group Limited.