G-Star Raw Cv v Rhodi Ltd & Ors

G-Star Raw Cv v Rhodi Ltd & Ors

G-Star's unregistered design rights subsist in the Arc Pant Designs; all Rhodi Styles were made substantially to those designs and were copied from the Arc Pant. The First, Second, Fourth, and Fifth Defendants imported, marketed, or sold infringing articles with knowledge or reason to believe they were infringing. Claims against Third, Sixth, Seventh, and Eighth Defendants fail due to lack of involvement or knowledge. Counterclaim fails as G-Star's rights were infringed.

Parties
Claimant: G-STAR RAW CV; Defendant: RHODI LIMITED; Defendant: RHODI INC. IMPORTS LIMITED; Defendant: VOI JEANS LIMITED; Defendant: RHODI MARKETING LLP; Defendant: RHODI SUPPLIERS LIMITED; Defendant: RHODI GROUP LIMITED; Defendant: ASIF IBRAHIM BUX (formerly PATEL); Defendant: FIROZ IBRAHIM BUX (formerly PATEL)
Jurisdiction
England and Wales
Judgment Date
06 February 2015
Procedural Posture
Intellectual Property / Final Judgment
Outcome
Claims against First, Second, Fourth, and Fifth Defendants succeed; claims against Third, Sixth, Seventh, and Eighth Defendants fail; counterclaim dismissed.
Legal Topics
Unregistered Design Right, Secondary Infringement, Joint Tortfeasor Liability, Subsistence and Ownership of Design Rights, Knowledge Requirement for Infringement, Counterclaim for Declaration of Non Infringement
Intellectual Property Commercial Law Unregistered Design Right Secondary Infringement Joint Tortfeasor Liability Subsistence and Ownership of Design Rights Knowledge Requirement for Infringement Counterclaim for Declaration of Non Infringement

Case Brief

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Parties

G-STAR RAW CV

Claimant

RHODI LIMITED

Defendant

RHODI INC. IMPORTS LIMITED

Defendant

VOI JEANS LIMITED

Defendant

RHODI MARKETING LLP

Defendant

RHODI SUPPLIERS LIMITED

Defendant

RHODI GROUP LIMITED

Defendant

ASIF IBRAHIM BUX (formerly PATEL)

Defendant

FIROZ IBRAHIM BUX (formerly PATEL)

Defendant

Procedural Posture

Intellectual Property / Final Judgment

Legal Issues

  1. 1 Subsistence and ownership of Arc Pant Designs
  2. 2 Whether garments made to Arc Pant Designs were first made available in 2008
  3. 3 Whether Rhodi Styles were made substantially to Arc Pant Designs

Ratio Decidendi

G-Star's unregistered design rights subsist in the Arc Pant Designs; all Rhodi Styles were made substantially to those designs and were copied from the Arc Pant. The First, Second, Fourth, and Fifth Defendants imported, marketed, or sold infringing articles with knowledge or reason to believe they were infringing. Claims against Third, Sixth, Seventh, and Eighth Defendants fail due to lack of involvement or knowledge. Counterclaim fails as G-Star's rights were infringed.

Court Disposition

Claims against First, Second, Fourth, and Fifth Defendants succeed; claims against Third, Sixth, Seventh, and Eighth Defendants fail; counterclaim dismissed.

Orders

  • Counsel to agree form of order; court will hear submissions if not agreed.
  • Inquiry as to damages or account of profits to be conducted.