Source: All England Reporter
Publisher Citation: [2006] All ER (D) 162 (Oct)
Court: Chancery Division
Judge:

Pumfrey J
Representation James St Ville (instructed by Amphlett Chatterton) for the claimant.
  The defendant appeared in person.
Judgment Dates: 13 October 2006

Catchwords

Design - Injunction - Alleged infringement of design right - Defendant claiming Community design right - Claimant alleging defendant making groundless threat of infringement proceedings - Claimant challenging validity - Claimant seeking interim injunction - Whether serious issue to be tried - Whether claimant satisfying groundless threats test - Whether balance of convenience favouring grant of injunction - Community Design Regulations 2005, .

The Case

In the instant case, the claimant had been forced to remove items from its Ebay listings, after the defendant had submitted details of alleged design right infringements to Ebay. The claimant sought an interim injunction preventing the defendant from interfering with its rights to sell those products on the ground that the defendant had made groundless threats of bringing enforcement proceedings, and that the design right claimed by the defendant was invalid. The court held that there was a serious issue to be tried, and that the balance of convenience lay in favour of granting the injunction.

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