Madine (t/a Nico) & Anor v Phillips (t/a Leanne Alexandra) & ors

Madine (t/a Nico) & Anor v Phillips (t/a Leanne Alexandra) & ors

The Defendant's Dress and Crystal Figurine were substantially similar to and copied from the Fan Dress and Chenise sketches, in which unregistered UK design right subsisted, thus infringing the Claimant's rights. Leanne Phillips was liable for primary and authorised infringement; Pauline Phillips was not jointly liable.

Parties
Claimant: Thelma Madine (t/a Nico); Claimant: Camal Enterprises Limited t/a The English Ladies Co; Defendant: Leanne Phillips (t/a Leanne Alexandra); Defendant: Pauline Phillips
Jurisdiction
England and Wales
Judgment Date
13 December 2017
Procedural Posture
Intellectual Property Infringement / Judgment After Trial of Liability
Outcome
Claim for design right infringement succeeds against Leanne Phillips and fails against Pauline Phillips.
Legal Topics
Unregistered UK Design Right, Design Right Subsistence, Design Right Infringement, Joint Tortfeasorship, Authorisation of Infringement
Intellectual Property Design Rights Unregistered UK Design Right Design Right Subsistence Design Right Infringement Joint Tortfeasorship Authorisation of Infringement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Thelma Madine (t/a Nico)

Claimant

Camal Enterprises Limited t/a The English Ladies Co

Claimant

Leanne Phillips (t/a Leanne Alexandra)

Defendant

Pauline Phillips

Defendant

Procedural Posture

Intellectual Property Infringement / Judgment After Trial of Liability

Legal Issues

  1. 1 Whether unregistered UK design right subsisted in the Fan Dress, Chenise sketches, and Defendant's Dress
  2. 2 Whether the Defendant's Dress and Crystal Figurine infringed the Claimant's design rights
  3. 3 Whether Pauline Phillips was jointly liable for infringement

Ratio Decidendi

The Defendant's Dress and Crystal Figurine were substantially similar to and copied from the Fan Dress and Chenise sketches, in which unregistered UK design right subsisted, thus infringing the Claimant's rights. Leanne Phillips was liable for primary and authorised infringement; Pauline Phillips was not jointly liable.

Court Disposition

Claim for design right infringement succeeds against Leanne Phillips and fails against Pauline Phillips.

Orders

  • Leanne Phillips found liable for infringement of unregistered UK design right in the Fan Dress and Chenise sketches.
  • Crystal Figurine found to infringe Claimant's design rights.