SALT SHIP DESIGN AS v PRYSMIAN POWERLINK SRL

SALT SHIP DESIGN AS v PRYSMIAN POWERLINK SRL

A publicity order is appropriate and proportionate in this case because the trade secrets misused were valuable, the defendant's conduct was egregious, and there was credible evidence of reputational and commercial harm to the claimant. The order serves the policy of deterrence and informing relevant market participants, and is tailored to avoid misleading the public or being punitive by limiting its scope to the relevant vessel webpage and clarifying that no injunction prevents the defendant from trading the vessel.

Parties
Claimant: Salt Ship Design AS; Defendant: Prysmian Powerlink SRL
Jurisdiction
England and Wales
Judgment Date
24 December 2021
Procedural Posture
Commercial Court Claim / Post Liability Judgment; Application for Publicity Order
Outcome
Publicity order granted in part
Legal Topics
Trade Secrets, Breach of Confidence, Publicity Orders, Remedies, Account of Profits, Exemplary Damages
Intellectual Property Commercial Law Trade Secrets Breach of Confidence Publicity Orders Remedies Account of Profits Exemplary Damages

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Parties

Salt Ship Design AS

Claimant

Prysmian Powerlink SRL

Defendant

Procedural Posture

Commercial Court Claim / Post Liability Judgment; Application for Publicity Order

Legal Issues

  1. 1 Whether a publicity order should be granted under the Trade Secrets (Enforcement, etc) Regulations 2018 following a finding of misuse of confidential information
  2. 2 Appropriate scope, wording, and duration of any publicity order

Ratio Decidendi

A publicity order is appropriate and proportionate in this case because the trade secrets misused were valuable, the defendant's conduct was egregious, and there was credible evidence of reputational and commercial harm to the claimant. The order serves the policy of deterrence and informing relevant market participants, and is tailored to avoid misleading the public or being punitive by limiting its scope to the relevant vessel webpage and clarifying that no injunction prevents the defendant from trading the vessel.

Court Disposition

Publicity order granted in part

Orders

  • Defendant to display a specified notice on the Leonardo da Vinci vessel page of its website, accessible from UK IP addresses, in no smaller than 12-point type, until 30 June 2022, clarifying the misuse finding and that no order prevents trading the vessel.