Tech 21 UK Ltd v Logitech Europe SA

Tech 21 UK Ltd v Logitech Europe SA

The UK High Court has no jurisdiction to hear the claim for a declaration of non-infringement of Community unregistered design right vested in Logitech, as such claims must be brought in the courts of the Member State where the defendant has an establishment. The UK High Court does have jurisdiction to hear the claim for groundless threats under regulation 2 of the UK Regulations, as the Letter constituted a realistic possibility of proceedings in the UK. There is no jurisdiction for a declaration of non-infringement of UK unregistered design right vested in Logitech, as there was no real and present dispute between the parties regarding such right.

Parties
Claimant: Tech 21 UK Limited; Defendant: Logitech Europe S. A.
Jurisdiction
England and Wales
Judgment Date
15 September 2015
Procedural Posture
Civil / Ruling on Jurisdiction and Preliminary Issues
Outcome
Partial jurisdiction upheld; partial claim dismissed
Legal Topics
Community Unregistered Design Right, UK Unregistered Design Right, Groundless Threats, Jurisdiction, Lugano Convention, EC Designs Regulation
Intellectual Property Civil Procedure Community Unregistered Design Right UK Unregistered Design Right Groundless Threats Jurisdiction Lugano Convention EC Designs Regulation

Case Brief

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Parties

Tech 21 UK Limited

Claimant

Logitech Europe S. A.

Defendant

Procedural Posture

Civil / Ruling on Jurisdiction and Preliminary Issues

Legal Issues

  1. 1 Does the UK High Court have jurisdiction to hear a claim for a declaration of non-infringement of Community unregistered design right vested in Logitech?
  2. 2 Does the UK High Court have jurisdiction to hear a claim for groundless threats under regulation 2 of the UK Regulations?
  3. 3 Does the UK High Court have jurisdiction to hear a claim for a declaration of non-infringement of UK unregistered design right vested in Logitech?

Ratio Decidendi

The UK High Court has no jurisdiction to hear the claim for a declaration of non-infringement of Community unregistered design right vested in Logitech, as such claims must be brought in the courts of the Member State where the defendant has an establishment. The UK High Court does have jurisdiction to hear the claim for groundless threats under regulation 2 of the UK Regulations, as the Letter constituted a realistic possibility of proceedings in the UK. There is no jurisdiction for a declaration of non-infringement of UK unregistered design right vested in Logitech, as there was no real and present dispute between the parties regarding such right.

Court Disposition

Partial jurisdiction upheld; partial claim dismissed

Orders

  • The UK High Court has no jurisdiction to hear the claim for a declaration of non-infringement of Community unregistered design right vested in Logitech.
  • The UK High Court has jurisdiction to hear the claim under regulation 2 of the UK Regulations in respect of the threat made by the Letter to bring infringement proceedings in the UK courts.