Uwug Ltd & Anor v Ball (t/a Red) [2013] EWPCC 35 (30 July 2013)

Uwug Ltd & Anor v Ball (t/a Red) [2013] EWPCC 35 (30 July 2013)

The Frame Design was a commissioned work for the Claimant, making the Claimant the owner of the design rights and the Registered Design valid; the Defendant infringed the Frame Design. The Claimant failed to prove ownership of the Sling Designs, so the claim for infringement of the Sling Designs failed.

Citation
[2013] EWPCC 35
Parties
Claimant: UWUG LIMITED; Second Claimant: UWE HAISS; Defendant: DEREK BALL t/a RED
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Intellectual Property Design Rights / Trial of Liability Only
Outcome
Claim for infringement of Frame Design succeeds; claim for infringement of Sling Designs fails.
Legal Topics
Design Rights, Registered Designs, Unregistered Design Right, Ownership of Design, Commissioned Works, Infringement
Intellectual Property Design Rights Registered Designs Unregistered Design Right Ownership of Design Commissioned Works Infringement

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Parties

UWUG LIMITED

Claimant

UWE HAISS

Second Claimant

DEREK BALL t/a RED

Defendant

Procedural Posture

Intellectual Property Design Rights / Trial of Liability Only

Legal Issues

  1. 1 Whether unregistered UK design right subsisted in the Sling Designs
  2. 2 Whether the Claimant owned the Sling Designs
  3. 3 Whether the Defendant's Sling was derived from and infringed the Sling Designs

Ratio Decidendi

The Frame Design was a commissioned work for the Claimant, making the Claimant the owner of the design rights and the Registered Design valid; the Defendant infringed the Frame Design. The Claimant failed to prove ownership of the Sling Designs, so the claim for infringement of the Sling Designs failed.

Court Disposition

Claim for infringement of Frame Design succeeds; claim for infringement of Sling Designs fails.