ORJ is delighted to announce that following a 6 day trial in the Chancery Division of the High Court, it has successfully protected the registered and unregistered design rights of iconic manufacturer, Whitby Morrison; as well as obtaining an order to prevent the misuse of Whitby’s trade mark.
The intellectual property trial was notable for a number of reasons: Firstly, it was one of the few recent cases in which a registered design right infringement has been upheld. The reasoning of Patents Court judge, HHJ Arnold, is therefore of general interest and contains a summation of the facts applied to leading cases.
Every element of the claim was defended; including authorship, originality, similarity and copying. One of the defendants also claimed not to have had any involvement at all. All points were found in the claimants’ favour and an order was obtained for indemnity costs regarding certain aspects of the defence.
As a result of submissions made during the trial, on judgement being handed down, the claimants immediately made an injunction application for a freezing order; which was also successful. £1.1m of the defendants’ assets have been frozen, pending an enquiry as to the claimant’s damages.
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