Glencairn v Dartington Crystal [2018] EWHC 769 (Pat)

16 March 2018

James Abrahams QC appeared for the Claimants in this application for an interim injunction. The Claimants are the proprietor/ exclusive licensee of a registered design for a drinking glass and applied for an interim injunction against the Defendant, a manufacturer of glass wear. The Defendant had applied to revoke the registered design and for a declaration of non-infringement in the IPEC, and to revoke the Claimant’s Registered Trade Mark at the EUIPO.His Honour Judge Hacon agreed with the Claimants that there was a serious issue to be tried, but refused to grant an injunction, primarily on the grounds that it was possible to quantify the harm to the Claimant, and the Defendant was able to pay any such damages should they become due post trial.