||All England Reporter
|| All ER (D) 162 (Oct)
||James St Ville (instructed by Amphlett Chatterton) for the claimant.
||The defendant appeared in person.
||13 October 2006
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, .
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.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary