Numatic International Ltd v Qualtex (UK) Ltd [2010] EWHC 1797 (Pat) (12 July 2010)

Numatic International Ltd v Qualtex (UK) Ltd [2010] EWHC 1797 (Pat) (12 July 2010)

Numatic succeeded in establishing a threatened passing off by Qualtex prior to the service of the defence, but the threat ended with the defence and undertaking. No injunction was warranted as there was no continuing threat. Numatic was the overall successful party and entitled to its costs, subject to a deduction for the limited extent of its success. A declaration in the terms reflecting the limited threat was appropriate.

Citation
[2010] EWHC 1797 (Pat)
Parties
Claimant: Numatic International Limited; Defendant: Qualtex (UK) Limited
Jurisdiction
England and Wales
Judgment Date
12 July 2010
Procedural Posture
Passing Off (intellectual Property) / Post Trial Judgment on Relief and Costs
Outcome
Declaration granted, no injunction, claimant awarded 92.5% of its costs, interim payment ordered.
Legal Topics
Passing Off, Injunctions, Declarations, Costs, Interim Payments
Intellectual Property Civil Procedure Passing Off Injunctions Declarations Costs Interim Payments

Case Brief

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Parties

Numatic International Limited

Claimant

Qualtex (UK) Limited

Defendant

Procedural Posture

Passing Off (intellectual Property) / Post Trial Judgment on Relief and Costs

Legal Issues

  1. 1 Whether the defendant threatened to pass off vacuum cleaners as those of the claimant
  2. 2 Whether an injunction should be granted
  3. 3 Appropriate form of declaratory relief

Ratio Decidendi

Numatic succeeded in establishing a threatened passing off by Qualtex prior to the service of the defence, but the threat ended with the defence and undertaking. No injunction was warranted as there was no continuing threat. Numatic was the overall successful party and entitled to its costs, subject to a deduction for the limited extent of its success. A declaration in the terms reflecting the limited threat was appropriate.

Court Disposition

Declaration granted, no injunction, claimant awarded 92.5% of its costs, interim payment ordered.

Orders

  • Declaration in the form that the defendant threatened to pass off vacuum cleaners by offering for sale vacuum cleaners having the appearance of the claimant's product prior to the service of the defence but not thereafter.
  • No injunction granted.