Tech 21 UK Ltd v Logitech Europe SA [2015] EWHC 2614 (Ch) (15 September 2015)

Tech 21 UK Ltd v Logitech Europe SA [2015] EWHC 2614 (Ch) (15 September 2015)

The English court has no jurisdiction to hear the claim for a declaration of non-infringement of Community unregistered design right against Logitech, as such claims must be brought in the courts of the Member State where the defendant is domiciled or has an establishment (here, the Netherlands or Croatia). However, the English court does have jurisdiction to hear the claim for groundless threats under the UK Community Design Regulations 2005, as the letter from Logitech would be understood by a reasonable recipient, with legal advice, as threatening UK proceedings, and the Lugano Convention applies to such statutory tort claims.

Citation
[2015] EWHC 2614 (Ch)
Parties
Claimant: Tech 21 UK Limited; Defendant: Logitech Europe S. A.
Jurisdiction
England and Wales
Judgment Date
15 September 2015
Procedural Posture
Civil (intellectual Property) / Jurisdictional Challenge (interlocutory Application)
Outcome
Jurisdiction declined for declaration of non-infringement; jurisdiction affirmed for groundless threats claim.
Legal Topics
Community Unregistered Design Right, Jurisdiction Under EC Designs Regulation, Groundless Threats of Infringement Proceedings, Interpretation of Lugano Convention, Declaratory Relief
Intellectual Property Law Civil Procedure Private International Law Community Unregistered Design Right Jurisdiction Under EC Designs Regulation Groundless Threats of Infringement Proceedings Interpretation of Lugano Convention Declaratory Relief

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Parties

Tech 21 UK Limited

Claimant

Logitech Europe S. A.

Defendant

Procedural Posture

Civil (intellectual Property) / Jurisdictional Challenge (interlocutory Application)

Legal Issues

  1. 1 Does the English court have jurisdiction to hear a claim for a declaration of non-infringement of Community unregistered design right against a Swiss defendant with EU establishments?
  2. 2 Does the English court have jurisdiction to hear a claim for groundless threats under the UK Community Design Regulations 2005?
  3. 3 Does a letter from Logitech constitute a threat of UK proceedings under the statutory test?

Ratio Decidendi

The English court has no jurisdiction to hear the claim for a declaration of non-infringement of Community unregistered design right against Logitech, as such claims must be brought in the courts of the Member State where the defendant is domiciled or has an establishment (here, the Netherlands or Croatia). However, the English court does have jurisdiction to hear the claim for groundless threats under the UK Community Design Regulations 2005, as the letter from Logitech would be understood by a reasonable recipient, with legal advice, as threatening UK proceedings, and the Lugano Convention applies to such statutory tort claims.

Court Disposition

Jurisdiction declined for declaration of non-infringement; jurisdiction affirmed for groundless threats claim.

Orders

  • Claim for declaration of non-infringement of Community unregistered design right dismissed for want of jurisdiction.
  • Claim for groundless threats under UK Community Design Regulations 2005 may proceed in the English court.