The Kennel Club Ltd v Micro-ID Ltd [2019] EWHC 1639 (IPEC) (25 June 2019)

The Kennel Club Ltd v Micro-ID Ltd [2019] EWHC 1639 (IPEC) (25 June 2019)

The Claimant is entitled to judgment for the debt of £123,843.03, subject to set-off for nominal damages (£1) for breach of clause 2.1.3 and a buyout fee (£400) for breach of clause 6. The Claimant breached clause 2.1.3 by failing to process some registration forms within five working days in certain months, and breached clause 6 by using data for marketing third-party insurance (Agria emails), which was not for the purpose of reunification. The Defendant failed to prove any substantial loss from these breaches. The Claimant and Defendant are joint owners of the database right in the relevant part of Petlog, but no database right infringement was established. Contractual interest applies;...

Citation
[2019] EWHC 1639 (IPEC)
Parties
Claimant: The Kennel Club Limited; Defendant: Micro-ID Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Commercial Contract and Intellectual Property Dispute / Judgment After Trial
Outcome
Claim allowed subject to set-off; Defendant's set-off for database right infringement and substantial damages dismissed; contractual interest awarded.
Legal Topics
Breach of Contract, Database Right, Set Off, Damages, Interest on Commercial Debts
Contract Law Intellectual Property Law Breach of Contract Database Right Set Off Damages Interest on Commercial Debts

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Parties

The Kennel Club Limited

Claimant

Micro-ID Limited

Defendant

Procedural Posture

Commercial Contract and Intellectual Property Dispute / Judgment After Trial

Legal Issues

  1. 1 Construction and breach of the Reunification Database Management Agreement
  2. 2 Whether the Claimant breached clauses 2.1.3 and 6 of the Agreement
  3. 3 Ownership and infringement of database right under the Copyright and Rights in Databases Regulations 1997

Ratio Decidendi

The Claimant is entitled to judgment for the debt of £123,843.03, subject to set-off for nominal damages (£1) for breach of clause 2.1.3 and a buyout fee (£400) for breach of clause 6. The Claimant breached clause 2.1.3 by failing to process some registration forms within five working days in certain months, and breached clause 6 by using data for marketing third-party insurance (Agria emails), which was not for the purpose of reunification. The Defendant failed to prove any substantial loss from these breaches. The Claimant and Defendant are joint owners of the database right in the relevant part of Petlog, but no database right infringement was established. Contractual interest applies;...

Court Disposition

Claim allowed subject to set-off; Defendant's set-off for database right infringement and substantial damages dismissed; contractual interest awarded.

Orders

  • Judgment for the Claimant in the sum of £123,843.03 less set-off of £401.
  • Nominal damages of £1 awarded to Defendant for breach of clause 2.1.3.