Whyte Bikes v. Rich Energy Ltd. & Ors: Whyte Bikes wins copyright infringement case

13 Jun 2019

June 13,2019:

Whyte Bikes, a British cycle Company filed a copyright infringement case against the sponsor team of the Haas Formula 1 (F1) team. The Intellectual Property Enterprise Court (IPEC) gave a decision in favour of Whyte Bikes on May 14th 2019.

The issue is with a logo designed a stag head. Since 2008, the claimant is using the logo. A similar logo has been used by the defendants. The defendant’s logo was registered under UK trademark number 3126288 in 2015 in classes 5, 25 and 32. The image is used in Haas F1 race cars. The defendant defended the case on the basis of ignorance of fact.

Claimants filed the case under Section 17, 18 and 20 of the Copyright Designs and Patents Act (CDPA 88). Section 16 CDPA 88, Section 20 (2) (b) CDPA 88 is considered by the IPEC. The law says that a person infringes copyright in a work if he does or authorises another to do, any of the acts restricted by the copyright without a license.

Whyte Bikes is an award-winning British Bicycle Company. ATB Sales Ltd. is the parent company of Whyte Bikes. The claimant claimed that the logo of the defendant’s device is a copy of the whole or alternatively a substantial party of their device. The defendant denied the claim. Rich Energy Limited, William John Storey, Staxoweb Limited are the defendants. All these are sponsors of Haas Formula 1team.

The claimant stated that the logo was an original artistic work designed by Mr Guy Farrant and Mr Mark Morgan. Whyte Bikes submitted that both marks are virtually identical. The only differences are a 2-degree difference in angles. After considering the evidence, the court accepted the submissions of the claimant that the whole of Claimant's device is copied.

Secondly, Whyte Bikes claims that copied second and the third defendant are liable for such infringements as joint tortfeasors. The Court observed that Mr Storey was fully involved in the design process and knowingly copied the claimant’s device in jointly creating with Mr Kelly of Staxoweb Limited of the third defendant and hence declared joint tortfeasors.

Regarding the prayer for injunctive relief and damages by the claimant. The Court ordered to prevent the use of Defendants mark under UK Copyright law. The Court will give the full judgment on June 27th 2019. The Court will hear on issues of appeal and costs in the aforesaid date.