Total Electrical Solutions UK Ltd & Anor v Nortek Electrical Circuits Ltd [2025] EWHC 725 (Ch) (07 March 2025)

Total Electrical Solutions UK Ltd & Anor v Nortek Electrical Circuits Ltd [2025] EWHC 725 (Ch) (07 March 2025)

The Supply Agreement did not assign copyright or design rights to the Claimants, nor did it support joint ownership. The Claimants' pleadings lacked sufficient particularisation and failed to articulate material facts giving rise to joint ownership or authorship. The claims had no real prospect of success and...

Source-derived case information.

Citation
[2025] EWHC 725 (Ch)
Parties
Claimant: Total Electrical Solutions UK Limited; Claimant: Ardent Limited; Defendant: Nortek Electrical Circuits Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2025
Procedural Posture
Intellectual Property / Summary Judgment and Strike Out Application
Outcome
Application granted; relevant parts of the Particulars of Claim struck out; summary judgment entered for Defendant.
Legal Topics
Copyright, Design Right, Contractual Interpretation, Summary Judgment, Strike Out
Intellectual Property Contract Copyright Design Right Contractual Interpretation Summary Judgment Strike Out

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Parties

Total Electrical Solutions UK Limited

Claimant

Ardent Limited

Claimant

Nortek Electrical Circuits Limited

Defendant

Procedural Posture

Intellectual Property / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the Supply Agreement assigned copyright and design rights to the Claimants
  2. 2 Whether joint authorship or joint ownership of copyright/design right exists
  3. 3 Whether the Claimants' pleadings are sufficiently particularised

Ratio Decidendi

The Supply Agreement did not assign copyright or design rights to the Claimants, nor did it support joint ownership. The Claimants' pleadings lacked sufficient particularisation and failed to articulate material facts giving rise to joint ownership or authorship. The claims had no real prospect of success and disclosed no reasonable grounds for bringing the claim. Summary judgment and strike out were granted for the relevant parts of the Particulars of Claim.

Court Disposition

Application granted; relevant parts of the Particulars of Claim struck out; summary judgment entered for Defendant.

Orders

  • Claimants to produce revised pleading within 21 days if amendments are proposed.
  • Claimants to pay Defendant's costs in principle, subject to assessment.