Farmer Build Ltd v Carier Bulk Materials Handling Ltd & Ors [1998] EWCA Civ 1900 (3 December 1998)

Farmer Build Ltd v Carier Bulk Materials Handling Ltd & Ors [1998] EWCA Civ 1900 (3 December 1998)

Design right subsists in the TARGET slurry separator as a whole and in specified component parts, as they are original and not commonplace in the relevant design field. However, Farmers Build's prolonged acquiescence and conduct induced Carier to invest in their business, making it unconscionable to grant damages or an account of profits for infringement.

Citation
[1998] EWCA Civ 1900
Parties
Appellant: Farmer Build Ltd; Respondents: Carier Bulk Materials Handling Ltd and Others
Jurisdiction
England and Wales
Judgment Date
03 December 1998
Procedural Posture
Appeal From Chancery Division Judgment / Court of Appeal Judgment
Outcome
Appeal dismissed in respect of compensatory remedy; cross-appeal dismissed in respect of subsistence of design right.
Legal Topics
Unregistered Design Right, Copyright, Design Infringement, Acquiescence, Remedies
Intellectual Property Commercial Law Unregistered Design Right Copyright Design Infringement Acquiescence Remedies

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Parties

Farmer Build Ltd

Appellant

Carier Bulk Materials Handling Ltd and Others

Respondents

Procedural Posture

Appeal From Chancery Division Judgment / Court of Appeal Judgment

Legal Issues

  1. 1 Whether design right subsists in the TARGET slurry separator and its component parts
  2. 2 Whether the designs are 'original' and not 'commonplace' under the Copyright, Designs and Patents Act 1988
  3. 3 Whether acquiescence bars monetary relief for infringement

Ratio Decidendi

Design right subsists in the TARGET slurry separator as a whole and in specified component parts, as they are original and not commonplace in the relevant design field. However, Farmers Build's prolonged acquiescence and conduct induced Carier to invest in their business, making it unconscionable to grant damages or an account of profits for infringement.

Court Disposition

Appeal dismissed in respect of compensatory remedy; cross-appeal dismissed in respect of subsistence of design right.

Orders

  • Declaration that design right subsists in the TARGET separator as a whole and in specified composite arrangements of parts (inner hopper, scraper assembly, bearings and throwers with roller guards, support arms with spring tension mounting, perforated drum)
  • No damages or account of profits awarded due to acquiescence