Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor [2015] EWHC 1372 (IPEC)

18 May 2015

Isabel Jamal represented the First Defendant (‘Exclusive’) as sole counsel in this inquiry as to damages held in the IPEC. It concerned EU and UK unregistered designs in marble tables.
The Claimant claimed that, for each sale of an infringing marble table by Exclusive to a retailer, the Claimant would have made a sale of one of its marble tables to the relevant retailer (including the Second Defendant). HHJ Hacon found that the Claimant’s case on causation was not made out in relation to sales by Exclusive to the majority of its retailers. However, some sales would have been made by the Claimant to its own retailers had Exclusive’s tables not been on the market. On the extreme rough and ready end of the spectrum this was found to be 20% of the sales made by Exclusive.

HHJ Hacon found a reasonable royalty of just less than 25% was due on the remaining tables and the convoyed goods sold with them.
Isabel Jamal was instructed by DMH Stallard LLP.

View judgment