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.