Scomadi Ltd & Anor v RA Engineering Co. Ltd & Ors [2017] EWHC 2658 (IPEC)

Hanway (an additional counterclaimant) agreed with Scomadi (the claimants) to manufacture Lambretta-style scooters.  Hanway’s involvement in the design of those scooters turned out to be greater than had been anticipated, which was reflected in a variation to the agreement.  After the relationship broke down, Scomadi sued for registered and unregistered design right infringement seeking to prevent the continued manufacture and sale of the Defendants’ Lambretta-style “Royal Alloy” scooters.  Hanway and its UK distributor, Moto GB, counterclaimed for declarations of non-infringement alternatively invalidity of the designs relied upon.

An expedited trial was ordered at which the principal issues concerning interpretation of the agreement and the matters relating to the registered designs were determined.  The court found that the agreement as varied provided Hanway with a licence over Scomadi’s designs and held accordingly that Moto GB and Hanway were permitted to manufacture and sell the Royal Alloy scooters.  The newer ‘GP’ models of the Royal Alloy range were held not to infringe the registered designs in any event, and one of the three registered designs relied upon was further found to be invalid.

Hugo Cuddigan QC and Christopher Hall appeared for the defendants and Hanway.

[2017] EWHC 2658 (IPEC)

Latest News

Anna Edwards-Stuart appointed King’s Counsel

Chambers is delighted to announce that Anna Edwards-Stuart has been appointed King’s Counsel in the 2023 competition, announced on 19th January 2024.

Miruna Bercariu joins 11 South Square

Chambers is delighted to announce Miruna Bercariu has accepted an offer of tenancy after a successful pupillage and will commence practice immediately....

Chambers UK Bar Awards 2023

Chambers is thrilled to announce we have won all three of the awards we were nominated for at the Chambers UK Bar Awards 2023. 11 South Square, IT/IP Set of the Year Brian Nicholson KC, IT/IP Silk of the Year Ka...

Edward Cronan joins 11 South Square

We are pleased to announce the arrival of a new member of chambers, Edward Cronan. Edward first came on to our radar at 11 South Square when he was a solicitor, and we watched his move to the bar in 2018 with interest. S...

Bio-science Law Review – University Inventions: When is a student a consumer?

University Inventions: When is a student a consumer? Oxford University Innovation Limited v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat) This article provides a case comment on the Judgment of Daniel Alexander KC...

Michael Silverleaf called to the Irish Bar

Chambers is pleased to announce that Michael Silverleaf has been called to the Irish Bar and has appeared in that role as part of a team representing Bristol-Myers Squibb in the Irish High Court before Barrett J. The tri...

Lionel Bently made Honorary King’s Counsel

Chambers is delighted to announce that Lionel Bently has been made an Honorary King's Counsel. Honorary KCs are awarded to those who have made a major contribution to the law of England and Wales, outside practice in...