20 May 2009
LENNOX HEARTH PRODUCTS LIMITED V BURLEY APPLIANCES LIMITED CA CA702/2007
- Citation
- openlaw-161b80df_46f0_4961_a1d9_92a15079ea64.pdf
- Court
- Court of Appeal
Clause 5.2 requires the named elements (singly or as a composite) to be the same as or substantially similar to designs or inventions embodied in the licensed models (eg the G4000); Keane J's unchallenged factual findings showed the Burley products did not so accord, therefore no royalties under clause 5.2 were payable.