Alfrank Designs Limited v Exclusive (UK) Ltd and others

Intellectual property – Design rights. The claimant and the first defendant were competing wholesalers of furniture, which they sold to retailers such as the second defendant. The claimant sought damages for loss allegedly arising from the defendants' sale of tables, allegedly infringing the claimant's design rights in respect of its own tables. By a Tomlin order, the defendants agreed that there should be an inquiry as to damages on the basis that they had infringed the claimant's unregistered European Union and United Kingdom design rights. The Intellectual Property and Enterprise Court ruled that, in relation to 20% of the sales of both tables by the first defendant, the claimant was entitled to the profit it would have made from sales of equal numbers of its own tables of equivalent design, plus the profit it would have made from sales of convoyed goods. In relation to the remaining 80% of sales of infringing tables by the first defendant, the claimant was entitled to damages of £100 per table.

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