Schutz (UK) Ltd & Anor v Delta Containers Ltd & Anor [2011] EWHC 1173 (Pat) (05 May 2011)

Schutz (UK) Ltd & Anor v Delta Containers Ltd & Anor [2011] EWHC 1173 (Pat) (05 May 2011)

The application for adjournment was dismissed because there was a real possibility that the outcome of the patent proceedings would not resolve the trade mark and passing off claims, and granting the adjournment would cause significant prejudice to Schutz in terms of delay, loss of evidence, and delayed relief.

Citation
[2011] EWHC 1173 (Pat)
Parties
Claimant: Schutz (UK) Limited; Claimant: Schutz GmbH & Co. KgaA; Defendant: Delta Containers Limited; Defendant: Protechna S. A.
Jurisdiction
England and Wales
Judgment Date
05 May 2011
Procedural Posture
Application for Adjournment in Trade Mark Infringement and Passing Off Proceedings / Interlocutory Application Prior to Trial
Outcome
Application for adjournment dismissed; costs awarded to Schutz (claimants)
Legal Topics
Trade Mark Infringement, Passing Off, Adjournment of Proceedings, Patent Infringement, Costs Assessment
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Adjournment of Proceedings Patent Infringement Costs Assessment

Case Brief

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Parties

Schutz (UK) Limited

Claimant

Schutz GmbH & Co. KgaA

Claimant

Delta Containers Limited

Defendant

Protechna S. A.

Defendant

Procedural Posture

Application for Adjournment in Trade Mark Infringement and Passing Off Proceedings / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether the trial of trade mark infringement and passing off proceedings should be adjourned pending the final outcome of parallel patent proceedings
  2. 2 Whether the delay caused by adjournment would prejudice the claimant

Ratio Decidendi

The application for adjournment was dismissed because there was a real possibility that the outcome of the patent proceedings would not resolve the trade mark and passing off claims, and granting the adjournment would cause significant prejudice to Schutz in terms of delay, loss of evidence, and delayed relief.

Court Disposition

Application for adjournment dismissed; costs awarded to Schutz (claimants)

Orders

  • Application for adjournment dismissed
  • Delta Containers Limited to pay Schutz's costs of the application, summarily assessed at £15,000