www.scomadi.com
. It was not explained to me why an order requiring the notice to be published on the website would help, since on the evidence the website played relatively little part in publicising the first press release. In fact, most of the argument was placed on the latter provision, ie an order requiring the claimants to send letters to the recipients of that press release. 35.In this context if I look at the substance of the notice which the defendants wanted the claimants to distribute, the claimants pointed out (and the defendants did not dispute), that it is actually misleading in a number of respects as well. The defendants’ proposed notice says as follows: Notice “PLEASE NOTE: Trade in the Royal Alloy GT and GP scooter models manufactured by Changzhou Hanwei Vehicle Science & Technology Limited Company and distributed by Moto GB Limited and others is lawful. None of the Royal Alloy GT and GP scooters infringe Scomadi’s intellectual property rights. Hanway, RA Engineering Limited, and Moto GB Limited, are each entitled to sell the Royal Alloy GT and GP scooters direct to the public and to retailers. The High Court of England and Wales has held that the statement released by Scomadi on 30 October 2017 was misleading. The High Court of England and Wales on 3 November 2017 ordered Scomadi to issue this publication to dispel the confusion created by Scomadi’s misleading statement. A copy of the full judgment of the court is available at the following URL:
http://www.bailii.org/ew/cases/EWHC/IPEC/2017/2658.html ” 36.Thus the first paragraph states, “Please note, trade in the Royal Alloy GT and GP scooter models manufactured by Changzhou Hanway Vehicle Science and Technology Limited Company and distributed by MotoGP Limited and others is lawful.” That is not true, and I made no such finding. The findings I made in the judgment were limited to the things which were the subject of that action. I made no finding that all Royal Alloy GT and GP scooters whatsoever could be lawfully traded. 37.The second paragraph says “None of the Royal Alloy GT and GP scooters infringe Scomadi’s intellectual property rights”. That is not correct either. The court has made no ruling as to whether they infringe, for instance, any trademarks or any other intellectual property rights. Indeed, both sides have stressed on numerous occasions that the trial continues, or rather different aspects of this same trial. 38.I therefore conclude that the notice which the defendants want me to order the claimants to publish is at least, if not more, misleading than anything that the claimants themselves produced. 39.Finally, I should make it clear that I do accept the claimants’ criticism of the defendants’ conduct generally. It does seem to me this application has been pursued in an overbearing and oppressive manner and that the defendants have chosen to make serious allegations which they have been unable to justify. I have considered whether the defendants made these allegations purely and simply as a means of intimidation. This is a difficult question and I prefer to reach no conclusion on the evidence before me. However, if the defendants do the same thing again, the judge considering any such application arising out of that may have to revisit this topic. 40.I also note that although this court is designed for small and medium sized enterprises, the defendants have spent a whisker under £20,000 on this application alone. In normal County Courts, that amount of money could cover a whole trial, or at least a substantial proportion thereof. That supports my conclusion that the defendants have adopted a disproportionate approach. 41.In the result, then, I therefore dismiss the defendants’ application insofar as paragraphs one and two are concerned. --------------- Transcribed from the official recording by AUSCRIPT LIMITED Central Court, Suite 303, 25 Southampton Buildings, London WC2A 1AL Tel No: 0203 3709 8928 Email: [email protected]
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