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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Narrow Your Focus

Discover Insights :

Design rights infringement damages

 

Design rights infringement

Calculation of additional damages for design rights infringement 14 February 2014
 
Pendle Metalwares Ltd (T/A Thomas Barker & Son) v. (1) Walter Page (Safeway’s) Ltd (2) Empteezy Limited
 
Judgement: 14 February 2014

 

Before his Honour Judge Purle QC
 
This is the judgement on an inquiry as to damages for infringement of unregistered design rights (UK and Community), passing off and breach of copyright following a liability judgment of Mr. Stuart Isaac QC handed down on 31st July 2012.

The action itself related to cigarette bins for outdoor use. The issues included overlapping rights; infringement and subsistence; and extensive factual disputes. On liability the Judge found that the smoking bins had been copied from the claimants designs, imported and sold . The Judge rejected a defence by the defendants’ that one of their representatives had been a joint designer.
 
Here are a few interesting points raised in the Judgment.
 
The claimant relied on section 229(3) of the CDPA 1988 for its claim of additional damages. Under section 229(3) the court has power to award additional damages having regard to all circumstances of the case including flagrancy and accrued benefit. There are similar provisions relating to copyright infringement in the CDPA but 229(3) relates to design rights.

PurleJ did not draw a distinction between design rights and other infringements as he considered the principle to be the same.

If the judge is unable to draw inference of the number of infringing goods that were sold then instead of awarding lost profits on the order an award of a royalty rate would be more appropriate. This would produce a much lower level of damages.

PurleJ  referred to Kitchin J, in Ultrafame UK Limited v. Eurocell Building Plastics Limited [2006] EWHC 1344 (Pat) in assessing damages for patent infringement.

PurleJ  awarded an uplift of approximately 25% of the compensatory award, £13,000, in additional damages.

Interest at the rate of 3% above base was awarded. The measure of interest is not the measure that the claimant has infact paid but what a reasonable borrower in the claimant’s position might pay.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

 
IP & Trademark LawPAIL® Support TeamPail Solicitors