Kingspan Group Plc & Anor v Rockwool Ltd (on declarations) [2011] EWHC 1066 (Ch) (14 April 2011)

Kingspan Group Plc & Anor v Rockwool Ltd (on declarations) [2011] EWHC 1066 (Ch) (14 April 2011)

Declarations sought by Rockwool regarding the appropriateness of ISO 9705 tests and the demonstrations were declined as they would be misleading or serve no useful purpose. Declarations reflecting that tests on KS1000 MR were conducted in accordance with ISO 9705 and that Rockwool acted in good faith were granted, as they accurately reflected findings and served a useful purpose.

Citation
[2011] EWHC 1066 (Ch)
Parties
Claimant: Kingspan Group Plc; Claimant: Kingspan Holdings (IRL) Limited; Defendant: Rockwool Limited; Claimant: Rockwool Limited; Defendant: Kingspan Group Plc
Jurisdiction
England and Wales
Judgment Date
14 April 2011
Procedural Posture
Intellectual Property / Post Trial Judgment on Declarations
Outcome
Partial grant of declarations; most sought by Rockwool refused, two granted.
Legal Topics
Comparative Advertising, Declaratory Relief, Fire Safety Testing, Misrepresentation
Intellectual Property Commercial Law Comparative Advertising Declaratory Relief Fire Safety Testing Misrepresentation

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Parties

Kingspan Group Plc

Claimant

Kingspan Holdings (IRL) Limited

Claimant

Rockwool Limited

Defendant

Rockwool Limited

Claimant

Kingspan Group Plc

Defendant

Procedural Posture

Intellectual Property / Post Trial Judgment on Declarations

Legal Issues

  1. 1 Appropriateness of ISO 9705 fire test for evaluating building products
  2. 2 Misrepresentation in comparative advertising
  3. 3 Jurisdiction and discretion to grant declaratory relief

Ratio Decidendi

Declarations sought by Rockwool regarding the appropriateness of ISO 9705 tests and the demonstrations were declined as they would be misleading or serve no useful purpose. Declarations reflecting that tests on KS1000 MR were conducted in accordance with ISO 9705 and that Rockwool acted in good faith were granted, as they accurately reflected findings and served a useful purpose.

Court Disposition

Partial grant of declarations; most sought by Rockwool refused, two granted.

Orders

  • Declaration that tests on KS1000 MR were conducted in accordance with ISO 9705.
  • Declaration that Rockwool acted in good faith regarding the production and distribution of the First and Second Videos.