UWUG Ltd (in liquidation) and another v Ball trading as RED

Design – Design right. In a judgment of July 2013, the Patents County Court found that the defendant had infringed a United Kingdom registered design and UK unregistered design rights in relation to a metal frame (see[2013] All ER (D) 396 (Jul)). The Intellectual Property Enterprise Court considered the manner in which damages claimed by the second claimant were to be calculated. It held that the damages payable were the equivalent of 10% of the defendant's sale price for the infringing frames.

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