Cassie Creations Ltd v Blackmore & Anor (Rev 1)

Cassie Creations Ltd v Blackmore & Anor (Rev 1)

The question of whether the eBay notice constitutes an actionable threat is not clear-cut and requires trial; neither party is entitled to summary judgment or strike out on this point. The letter is accepted as a threat. The claim of groundless threats and joint liability for the notice by the first defendant is sufficiently arguable to proceed to trial. Statutory protection does not extend to threats relating to selling. The claim is not disproportionate or an abuse of process.

Parties
Claimant: Cassie Creations Limited; Defendant: Simon Blackmore; Defendant: Mirrorkool Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2014
Procedural Posture
Intellectual Property Dispute / Ruling on Applications for Strike Out and Summary Judgment
Outcome
Applications for summary judgment and strike out are refused; all central issues to proceed to trial.
Legal Topics
Groundless Threats, Registered Designs, Unregistered Designs, Joint Liability, Abuse of Process, Summary Judgment, Strike Out, Proportionality
Intellectual Property Civil Procedure Groundless Threats Registered Designs Unregistered Designs Joint Liability Abuse of Process Summary Judgment +2 more

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Parties

Cassie Creations Limited

Claimant

Simon Blackmore

Defendant

Mirrorkool Limited

Defendant

Procedural Posture

Intellectual Property Dispute / Ruling on Applications for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the defendants made actionable threats under section 26 of the Registered Designs Act 1949 and section 253 of the Copyright, Designs and Patents Act 1988
  2. 2 Whether the threats were groundless
  3. 3 Whether the first defendant is jointly liable with the second defendant company for the notice and letter

Ratio Decidendi

The question of whether the eBay notice constitutes an actionable threat is not clear-cut and requires trial; neither party is entitled to summary judgment or strike out on this point. The letter is accepted as a threat. The claim of groundless threats and joint liability for the notice by the first defendant is sufficiently arguable to proceed to trial. Statutory protection does not extend to threats relating to selling. The claim is not disproportionate or an abuse of process.

Court Disposition

Applications for summary judgment and strike out are refused; all central issues to proceed to trial.

Orders

  • Neither party succeeds in summary judgment or strike out on the issue of threat in the notice; matter to be tried.
  • Claim of joint liability for the notice by the first defendant allowed to proceed to trial.