SDL Hair Ltd v Next Row Ltd, Intellectual Property Enterprise Court
SDL had offered for sale heating rollers using induction heating technology. A television shopping channel had agreed to promote SDL’s product as the “Today’s Special Value” product, but pulled its special deal after receiving a letter from a solicitor acting for Next Row. The solicitor had claimed that the patent fell within the bounds of Next Row’s patent. Other people also received a letter alleging infringement by SDL’s product of Next Row’s patent. Next Row’s claim against SDL was unsuccessful; furthermore, the judge decided that Next Row’s letters were actionable threats. The Intellectual Property Enterprise Court decided that SDL had a substantial chance of enjoying the benefit of the television deals and it had lost out. The loss was adjudged to be £40,000 plus interest.
Paul Gershlick, a Partner at Matthew Arnold & Baldwin LLP, comments: “Often, a party with registered intellectual property needs to take care when looking to assert their rights. If they get things wrong, they can end up being the party at fault and liable for a damages claim, rather than the other way round.”