Madine (t/a Nico) & Anor v Phillips (t/a Leanne Alexandra) & ors [2017] EWHC 3268 (IPEC) (13 December 2017)

Madine (t/a Nico) & Anor v Phillips (t/a Leanne Alexandra) & ors [2017] EWHC 3268 (IPEC) (13 December 2017)

Design right subsisted in the Fan Dress and Chenise Dress designs, which were original and not disembodied features. The Defendant's Dress and Crystal Figurine were substantially similar to and copied from these designs, amounting to infringement. Leanne Phillips was liable for primary infringement and for authorising the manufacture of infringing figurines. Pauline Phillips was not liable as a joint tortfeasor due to lack of evidence of common design or concerted action.

Citation
[2017] EWHC 3268 (IPEC)
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 (unregistered Design Right) / Liability Trial in the Intellectual Property Enterprise Court
Outcome
Claim for design right infringement succeeds against Leanne Phillips and fails against Pauline Phillips.
Legal Topics
Unregistered Design Right, Design Right Infringement, Ownership of Design Rights, Joint Tortfeasorship, Authorisation of Infringement
Intellectual Property Law Unregistered Design Right Design Right Infringement Ownership of Design Rights Joint Tortfeasorship Authorisation of Infringement

Case Brief

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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 (unregistered Design Right) / Liability Trial in the Intellectual Property Enterprise Court

Legal Issues

  1. 1 Does unregistered UK design right subsist in the Fan Dress and Chenise Dress designs?
  2. 2 Were the Defendant's Dress and Crystal Figurine infringing copies of the Claimants' designs?
  3. 3 Was Pauline Phillips jointly liable as a joint tortfeasor?

Ratio Decidendi

Design right subsisted in the Fan Dress and Chenise Dress designs, which were original and not disembodied features. The Defendant's Dress and Crystal Figurine were substantially similar to and copied from these designs, amounting to infringement. Leanne Phillips was liable for primary infringement and for authorising the manufacture of infringing figurines. Pauline Phillips was not liable as a joint tortfeasor due to lack of evidence of common design or concerted action.

Court Disposition

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

Orders

  • Declaration of infringement against Leanne Phillips.
  • No finding of joint liability against Pauline Phillips.