Source: All England Reporter
Publisher Citation: [2012] All ER (D) 127 (May)
Court: Patents County Court
Judge:

Judge Birss QC
Representation Margaret Briffa (instructed by Briffa) for the claimant.
  Ian Solcock (instructed by Mitchiners) for the defendants.
Judgment Dates: 16 May 2012

Catchwords

Practice - Summary judgment - Entitlement to summary judgment - Claimant alleging infringement of its United Kingdom and European Community unregistered design rights relating to dress and skort sold by defendant - Defendant alleging issue of dress inseperable from that of skort - Claimant seeking summary judgment on dress issue - Whether possible to separate dress and skort issues - Whether appropriate to grant summary judgment - CPR 24.

The Case

Practice Summary judgment. The Chancery Division dismissed the claimant company's application for summary judgment in an action concerning the alleged infringement of the claimant's design rights relating to the sale of clothes by the first defendant company, and made a conditional order requiring the defendants to make a payment into court, failing which part of their defence would be struck out.

Practice Areas

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