Joint Liability: BMW v Premier Alloy Wheels
Jane Lambert Patents Court (Mr Recorder Campbell) Bayerische Motoren Werke AG v Premier Alloy Wheels (UK) Ltd and others [2020] EWHC 2094 (Pat) (30 July 2020) This was an action by the motor manufacturer. Bayerische Motoren Werke AG ("BMW) for trade mark and registered Community design ("RCD") infringement, passing off and, in the case of one the defendants, Devon Thompson ("Devon"), breach of contract. There was also a counterclaim for revocation of the RCD. The main defendant was a company called DGT Wheels and Tyres Ltd ("DGT") the ordinary shares of which were owned by Jerome Layzell ("JL") who was also its only director. DGT had a warehouse on an industrial estate in Basildon as well as retail premises elsewhere in that town. The warehouse was operated by another company called Premier Alloy Wheels (UK) Ltd ("Premier") which was owned and run by JL's stepfather, Devon. Devon was in prison when the trial took...