(1) Praesidiad Holdings BVBA (2) Guardiar Europe BVBA v Zaun Limited [2024] EWHC 1549 (Pat)
In a recent High Court judgment, Mr. Justice Zacaroli ruled in favor of Praesidiad Holding BVBA (formerly Betafence) and Guardiar Europe BVBA, represented by Benet Brandreth KC, striking out Zaun Limited’s counterclaim challenging the validity of Betafence’s Registered Community Design (RCD) and its UK Re-registered Design. Praesidiad successfully argued that Article 86(5) of the Community Designs Regulation, which precludes re-litigation of a matter already decided by the EUIPO, still applies post-Brexit. The court affirmed that the EUIPO’s final decision on the RCD’s validity, upheld by principles of res judicata, prevents Zaun from re-litigating the issue in the UK.
Benet Brandreth KC acted for the Claimants, instructed by Bird & Bird LLP