Lenric C21 Ltd v Tesco Stores Ltd [2011] EWPCC 16 (05 May 2011)

Lenric C21 Ltd v Tesco Stores Ltd [2011] EWPCC 16 (05 May 2011)

Tesco was the successful party as the infringement action failed and it had ceased selling the product prior to the undertaking. The claimant's pursuit of declarations after abandoning the infringement claim did not alter this. The court exercised its discretion to deduct 20% from Tesco's costs due to likely copying and a further 10% for settlement, ordering the claimant to pay 70% of Tesco's costs.

Citation
[2011] EWPCC 16
Parties
Claimant: Lenric C21 Ltd; Defendant: Tesco Stores Ltd
Jurisdiction
England and Wales
Judgment Date
05 May 2011
Procedural Posture
Unregistered Design Right Infringement and Counterclaim for Threats / Post Compromise, Costs Determination After Settlement of Substantive Issues
Outcome
Claimant to pay 70% of defendant's costs, with an interim payment of £30,000 to be made within 45 days, subject to detailed assessment.
Legal Topics
Unregistered Design Right, Secondary Infringement, Costs Orders, Declaratory Relief, Settlement and Undertakings
Intellectual Property Law Civil Procedure Unregistered Design Right Secondary Infringement Costs Orders Declaratory Relief Settlement and Undertakings

Case Brief

Summary, issues, holding and outcome

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Parties

Lenric C21 Ltd

Claimant

Tesco Stores Ltd

Defendant

Procedural Posture

Unregistered Design Right Infringement and Counterclaim for Threats / Post Compromise, Costs Determination After Settlement of Substantive Issues

Legal Issues

  1. 1 Whether unregistered design right subsisted in the Bunny Warren product
  2. 2 Whether the design was commonplace in the relevant design field
  3. 3 Whether the design was commissioned by the claimant

Ratio Decidendi

Tesco was the successful party as the infringement action failed and it had ceased selling the product prior to the undertaking. The claimant's pursuit of declarations after abandoning the infringement claim did not alter this. The court exercised its discretion to deduct 20% from Tesco's costs due to likely copying and a further 10% for settlement, ordering the claimant to pay 70% of Tesco's costs.

Court Disposition

Claimant to pay 70% of defendant's costs, with an interim payment of £30,000 to be made within 45 days, subject to detailed assessment.

Orders

  • Claimant to pay 70% of defendant's costs, subject to detailed assessment.
  • Claimant to make interim payment of £30,000 within 45 days.