Court rules in Ultraframe case
Wednesday 27th July 2005
Court rules in Ultraframe case
The High Court has today delivered a judgment in the legal case between Ultraframe and The Burnden Group and Burnden Conservatory Products (“Burnden”), Burnden’s founder Gary Fielding, and his wife Sally Fielding and others. This case arises from the alleged infringement of intellectual property rights owned by Ultraframe’s wholly owned subsidiaries Northstar & Seaquest.
Summary of findings
1. Ownership of Ultraframe IPR upheld in court
It has been established that the overwhelming majority of the Intellectual Property Rights (IPR) in the disputed roofing system belong to Northstar and Seaquest and ultimately therefore the Ultraframe Group. Burnden are liable to pay licence fees in respect of past use and have been obliged to undertake to the Court to take a licence from Northstar and Seaquest relating to any future infringing use of the IPR, the terms of which will be determined at a later date.
2. Burnden/Fielding found to be dishonest
The Court found evidence of two dishonest conspiracies perpetrated against Ultraframe’s wholly owned subsidiaries. Mr Fielding was found to have been deliberately untruthful when giving evidence to the Court and to have been involved in the fabrication of documents to support his defence. The Court also found Burnden and/or Mr Fielding liable to compensate Ultraframe’s companies in respect of management charges wrongly levied to the companies.
3. Summary
Our prime consideration is to protect our Intellectual Property and as such we see this result to be a positive one for our business.
Nevertheless, we are disappointed with certain parts of the Judgement in so far as the potential recovery of damages is concerned.
It is important to note that this is a First Instance decision (unlike the recent Court of Appeal rulings against Eurocell and Burnden) and as a result both parties will have the opportunity to seek leave to appeal in October.
Vanda Murray OBE, Managing Director, Ultraframe (UK) Ltd: “We are pleased that our Intellectual Property Rights have been upheld. This underlines Ultraframe’s determination to robustly defend our long term investment in the industry, protecting the best interests of our employees, customers and shareholders.”
27th July 2005
For further media information, please contact: Ashleigh Fleming, Chrome Consulting, Tel: 020 079 0525
About Ultraframe:
Ultraframe deliver innovative and quality conservatory roof systems and services to suit all homes styles and at every price point. The market leading company invests heavily in research and development to provide the most technologically advanced and stylish conservatory solutions to maximise light and space in the home. For more information visit www.ultraframe.com
