Commercial & Dispute Resolution (Intellectual Property) - Review

    June 2009

    Caselaw - Unjustified extension request denied

    In Rolson Tools Limited v Monument Tools Limited (Case BL O/041/09, 13 February 2009) the Comptroller has ruled that there was no justification for delaying proceedings and that therefore no further extension of time should be granted.

    Background

    In November 2008, Rolson Tools Limited (Rolson) made a reference to the Comptroller under s.246 of the CDPA 1988 in relation to the subsistence of a design right in various aspects of the shape and configuration of products produced by Monument Tools (Monument). Monument requested an extension in order to file its counterstatement. Rolson agreed to an extension of 8 days. In February 2009, Monument requested a further extension of 7 days and Rolson objected.

    In May 2008, international law firm Hammonds became a limited liability partnership. Hammonds LLP and its affiliated undertakings has offices in Birmingham, Leeds, London and Manchester in the UK, and in Berlin, Brussels, Beijing, Hong Kong, Madrid, Munich and Paris.