Heeling Sports Ltd v Youngsters Ltd.

Damages are an adequate remedy for the Claimants, and the Defendants are likely to be able to satisfy any judgment; therefore, an interim injunction is refused.

Parties: Claimant: Heeling Sports Limited; Claimant: Shiner Limited; Defendant: Youngsters Limited
Jurisdiction: England and Wales
Judgment Date: 15 June 2007
Procedural Posture: Patent Infringement / Application for Interim Injunction
Outcome: Interim injunction refused
Legal Topics: Patent Infringement, Interim Injunction, Adequacy of Damages

Intellectual Property Commercial Law Patent Infringement Interim Injunction Adequacy of Damages

Case Brief

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Parties

Heeling Sports Limited

Claimant

Shiner Limited

Claimant

Youngsters Limited

Defendant

Procedural Posture

Patent Infringement / Application for Interim Injunction

Legal Issues

1 Whether interim injunction should be granted to restrain alleged patent infringement
2 Whether damages are an adequate remedy for the Claimant
3 Ability of Defendant to satisfy potential damages award

Ratio Decidendi

Damages are an adequate remedy for the Claimants, and the Defendants are likely to be able to satisfy any judgment; therefore, an interim injunction is refused.

Court Disposition

Interim injunction refused

Orders

Defendants to provide additional evidence confirming financial position
Directions for speedy trial of the action