Talaris (Sweden) AB v Network Controls International Ltd

Talaris (Sweden) AB v Network Controls International Ltd

There is a serious issue to be tried regarding NCI's marketing of software with NCR and failure to display Talaris' logo, which may breach the exclusivity agreement. Damages may not be an adequate remedy for Talaris, and the balance of convenience favours granting a limited interim injunction restraining NCI from marketing the software and from producing software without Talaris' logo until trial.

Parties
Claimant: Talaris (Sweden) AB; Defendant: Network Controls International Limited
Jurisdiction
England and Wales
Judgment Date
20 November 2008
Procedural Posture
Commercial/contractual Dispute / Interim Injunction Application
Outcome
Interim injunction granted in part
Legal Topics
Exclusive Distribution Agreements, Interim Injunctions, Breach of Contract, Adequacy of Damages, Balance of Convenience
Contract Law Commercial Law Exclusive Distribution Agreements Interim Injunctions Breach of Contract Adequacy of Damages Balance of Convenience

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Parties

Talaris (Sweden) AB

Claimant

Network Controls International Limited

Defendant

Procedural Posture

Commercial/contractual Dispute / Interim Injunction Application

Legal Issues

  1. 1 Whether NCI breached the Exclusive Distributor Agreement by marketing software with NCR during the agreement period
  2. 2 Whether an interim injunction should be granted to restrain NCI's conduct
  3. 3 Adequacy of damages as a remedy for either party

Ratio Decidendi

There is a serious issue to be tried regarding NCI's marketing of software with NCR and failure to display Talaris' logo, which may breach the exclusivity agreement. Damages may not be an adequate remedy for Talaris, and the balance of convenience favours granting a limited interim injunction restraining NCI from marketing the software and from producing software without Talaris' logo until trial.

Court Disposition

Interim injunction granted in part

Orders

  • NCI is restrained from marketing the software in breach of the agreement (paragraph 5(4) of the order)
  • NCI is restrained from producing software without Talaris' logo (paragraph 5(6) of the order)