First Conferences Services Ltd & Anor v Bracchi & Anor
The Defendants misappropriated confidential information and database material, passed off their conferences as those of the Claimants, and breached database rights. The evidence overwhelmingly established the Claimants' claims except for the employment reduced efficiency claim, which was dismissed.
- Parties
- Claimant: First Conferences Services Ltd; Claimant: First Conferences Ltd; Defendant: Richard Bracchi; Defendant: Inspire Conferences Ltd (t/a IE Group Ltd)
- Jurisdiction
- England and Wales
- Judgment Date
- 26 August 2009
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Claim allowed in main; permanent injunction granted; employment reduced efficiency claim dismissed; further orders and costs to be determined.
- Legal Topics
- Passing Off, Database Rights, Confidential Information, Springboard Injunction, Breach of Confidence
Case Brief
Summary, issues, holding and outcome
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Parties
First Conferences Services Ltd
Claimant
First Conferences Ltd
Claimant
Richard Bracchi
Defendant
Inspire Conferences Ltd (t/a IE Group Ltd)
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether the First Defendant misappropriated confidential information and database material from the Claimants for use in a competing business
- 2 Whether the Defendants passed off their conferences as those of the Claimants
- 3 Whether the Defendants breached database rights under article 16 of the Copyright and Rights in Database Regulations 1997
Ratio Decidendi
The Defendants misappropriated confidential information and database material, passed off their conferences as those of the Claimants, and breached database rights. The evidence overwhelmingly established the Claimants' claims except for the employment reduced efficiency claim, which was dismissed.
Court Disposition
Claim allowed in main; permanent injunction granted; employment reduced efficiency claim dismissed; further orders and costs to be determined.
Orders
- Permanent injunction against Defendants for passing off and misuse of confidential information
- Damages to be assessed
Full Case Text
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