Sales v Stromberg and others: ChD 26 Jul 2005

The claimant sought damages alleging infringement of design right, breach of confidentiality and passing off. The claimants sold a system for purification of water.
Held: The situations behind the two sets of products were different. Products. The drawing of one design at issue was sufficiently precise to have protection. There was a high degree of similarity between the design and the eventual product of the defendant. Those products were infringing. As regards the other product the claims failed. The information had been imparted to the defendant under circumstances sufficient to establish a duty of confidence.

Judges:

Roger Wyand QC

Citations:

[2005] EWHC 1624 (Ch)

Links:

Bailii

Statutes:

Copyright Designs and Patents Act 1988 213(2)

Citing:

CitedScholes Windows Ltd v Magnet Ltd CA 11-Apr-2001
The claimant sought damages for infringement in their unregistered design right in a part of a window. Copyright was accepted, but in the claim for unregistered design right, the respondent said the design was commonplace.
Held: The judge was . .
Citedde Maudsley v Palumbo and Others ChD 19-Dec-1995
The protection of confidentiality could be granted to an idea only once it was particularised into a definite product or which was capable of being put into practice. In order to attract confidence an idea must (a) contain some significant element . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 01 July 2022; Ref: scu.229039