The intellectual property (IP) team at Wragge Lawrence Graham & Co has helped bathroom manufacturer Kohler Mira secure a significant damages award in the Intellectual Property Enterprise Court (IPEC) against competitor Bristan Group.
Following last year’s ruling that Bristan Group had copied Kohler Mira’s UK unregistered design rights with its Glee, Joy and Smile shower products, the parties were back in court in April 2014 for the damages enquiry.
On 13 June, His Honour Judge Hacon found that the damages due to Kohler Mira for Bristan’s infringement should be equivalent to a royalty payment at the rate of 6.7 per cent of the price at which Bristan sold the infringing shower units to customers. The precise figure will be settled at a hearing on 2 July and is set to exceed £220,000.
Bristan’s attempt to run an innocence defence in relation to the subsistence of design right, which it raised for the first time in the quantum proceedings, failed, with HHJ Hacon commenting that Bristan came ‘nowhere close’ to establishing such a defence.
Wragge Lawrence Graham & Co’s Claire O’Brien and head of IP Gordon Harris advised Kohler Mira. Douglas Campbell of 3 New Square was instructed as counsel.