John Summers and Sons Limited v Cold Metal Process Co: ChD 1948

It is unnecessary for a claimant in a threat case: ‘to prove that the defendant has in so many words said: ‘I intend to issue a writ against you for infringement . .’ The terms of the Act are satisfied if the defendant in the action is proved to have asserted that he has legal rights in respect of the [intellectual property] and that he intends as against the plaintiff to enforce those rights.’ It is sufficient if words or acts convey an intention to enforce those rights by legal action.

Judges:

Romer J

Citations:

[1948] 65 RPC 75

Jurisdiction:

England and Wales

Cited by:

CitedSamsung Electronics (UK) Ltd and Another v Apple Inc ChD 4-Apr-2012
The parties were engaged in worldwide litigation disputing an alleged infringement of Apple’s registered design by Samsung’s Galaxy tablet computer. In this case, Samsung sought a declaration of non-infringement. Apple counterclaimed, alleging . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 18 May 2022; Ref: scu.471005