Copyright
Connection Seating Ltd. v Style Matters Ltd and Another HH Judge Maddocks 26 Jan 2005
This was an action for infringement of both copyright and unregistered design right and passing off.
The claimant complained that the defendant and one of its directors had copied my client's brochure (including its photographs of its products) without permission, used them to make a competing brochure and circulated the competing brochure to the public. My client had obtained one of those brochures and arranged for a trap order to be placed. The product that was supplied was sourced abroad and was not one of my client's goods.
I advised that there was a claim for copyright and design right infringement and inverse passing off and settled a letter of claim in accordance with para 4 of PD Protocols and the Code of Practice for IP Litigation. The defendants' responses did not satisfy my client and I was instructed to settle particulars of claim. The company admitted virtually the whole of the complaint but the second defendant argued that he had participated in wrongdoing only in his capacity as a director.
I applied for summary judgment before the judge. Shortly before the application was due to come, on the defendants filed evidence and the application had to be adjourned to a special appointment. The second defendant cross-applied for the case against him to be struck out. The claim and counterclaim came on before the Chancery judge in Liverpool and he gave summary judgment to me against the company, threw out the second defendant's cross-application and gave a number of directions.
The defendants failed to comply with those directions I applied for directions for a trial on the second defendant's liability to be followed by an inquiry as to damages against the company. The defendants agreed to both applications. The parties came to terms shortly afterwards..
