Photobooth Props Limited & Anor v NEPBH Ltd & Ors

Photobooth Props Limited & Anor v NEPBH Ltd & Ors

The court found on the balance of probabilities that the transaction was for the entirety of the business, including all relevant assets and intellectual property, and that the Defendants made representations to that effect which became terms of the contract. The Defendants breached both express and implied terms by competing with the Claimants and infringing copyright in the transferred designs. The Defendants were found jointly liable as joint tortfeasors. The Defendants' evidence was insufficient to rebut the Claimants' case.

Parties
Claimant: Photobooth Props Limited; Claimant: Lily’s Prints Limited; Defendant: NEPBH Ltd; Defendant: Quinn UK Limited; Defendant: Claire Quinn; Defendant: Reece Quinn; Defendant: Michael Quinn; Defendant: Your Print Supplies Limited; Defendant: Your Photobooth Props Limited; Defendant: Michael Connor Quinn
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Intellectual Property / Final Judgment on Liability; Quantum and Remedies to Be Determined at a Later Hearing
Outcome
Liability judgment for the Claimants; damages and quantum to be determined at a later hearing; costs awarded to Claimants subject to summary assessment; permission to apply for IPEC costs cap to be lifted.
Legal Topics
Copyright Infringement, Breach of Contract, Misrepresentation, Joint Tortfeasorship, Summary Judgment, Costs Assessment
Intellectual Property Contract Law Tort Law Copyright Infringement Breach of Contract Misrepresentation Joint Tortfeasorship Summary Judgment +1 more

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Parties

Photobooth Props Limited

Claimant

Lily’s Prints Limited

Claimant

NEPBH Ltd

Defendant

Quinn UK Limited

Defendant

Claire Quinn

Defendant

Reece Quinn

Defendant

Michael Quinn

Defendant

Your Print Supplies Limited

Defendant

Your Photobooth Props Limited

Defendant

Michael Connor Quinn

Defendant

Procedural Posture

Civil Intellectual Property / Final Judgment on Liability; Quantum and Remedies to Be Determined at a Later Hearing

Legal Issues

  1. 1 Whether the transaction between the parties transferred the entirety of the printing business and associated intellectual property to the Claimants
  2. 2 Whether the Defendants made false or fraudulent representations regarding the assets and rights transferred
  3. 3 Whether the Defendants infringed copyright and breached contract terms post-sale

Ratio Decidendi

The court found on the balance of probabilities that the transaction was for the entirety of the business, including all relevant assets and intellectual property, and that the Defendants made representations to that effect which became terms of the contract. The Defendants breached both express and implied terms by competing with the Claimants and infringing copyright in the transferred designs. The Defendants were found jointly liable as joint tortfeasors. The Defendants' evidence was insufficient to rebut the Claimants' case.

Court Disposition

Liability judgment for the Claimants; damages and quantum to be determined at a later hearing; costs awarded to Claimants subject to summary assessment; permission to apply for IPEC costs cap to be lifted.

Orders

  • Enquiry as to damages to take place
  • Claimants awarded costs (other than those already ordered), to be summarily assessed