Cobra Golf Inc. v Rata

JurisdictionEngland & Wales
Judgment Date18 September 1996
Date18 September 1996
CourtChancery Division

Chancery Division

Before Mr Justice Rimer

Cobra Golf Inc and Another
and
Rata and Others

Anton Piller order - fruits to be used in committal proceedings - dominant purpose improper

Dominant purpose of order improper

Where the dominant purpose of seeking an Anton Piller order to search for and seize documents was to use its fruits in committal proceedings, the order was liable to be set aside. Defendants were entitled to the privilege against self-incrimination for civil contempt save in cases involving intellectual property or passing off.

Mr Justice Rimer so held in a reserved judgment in the Chancery Division dismissing (i) a motion by Cobra Golf Inc and Cobra Golf Ltd against Robert Anthony Rata, Simon Paul Rata and Raymond John Rata and (ii) a motion by the Ratas against Cobra.

Mr Adrian Speck for Cobra; Mr Thomas Lowe for the Ratas.

MR JUSTICE RIMER said that Cobra were golf club manufacturers and suppliers and the registered proprietors of trade marks consisting of the words "Cobra" and "King Cobra" and a distinctive snake logo which were used on their range of golf clubs and accessories.

The Ratas carried on a substantial business importing, supplying and selling golf clubs and accessories and the component parts which made up golf clubs. They ran a string of about 29 retail outlets selling golf equipment.

On October 4, 1995 Cobra started an action against the Ratas in respect of "King Snake" clubs sold by them based on alleged infringement of their trade marks and passing off and seeking injunctions, delivery up of infringing articles and orders for disclosure of the Ratas' suppliers and customers and damages or an account of profits.

That action was settled by the Ratas giving undertakings to desist from any future infringements and to make affidavits giving the disclosure of the information sought and making an agreed payment of £4,000 in respect of damages and costs.

The order of the court, made on December 1, 1995, stayed all further proceedings in the action and was served on the Ratas indorsed with a penal notice.

Evidence subsequently emerged which suggested to Cobra that the Ratas had not adhered to the terms of the undertakings about future infringements nor been honest in their disclosures about their customers and suppliers.

Cobra therefore commenced a new action in respect of infringements committed since December 1 and sought an Anton Piller order seeking the same disclosures and delivery up as previously.

The...

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37 cases
  • Seyed Kamaleddin Nejati Gilani v Mohammed Johngir Saddiq (1)
    • United Kingdom
    • Chancery Division
    • 13 Noviembre 2018
    ...abroad, subject to any particular considerations that may arise from the nature of the foreign jurisdiction. 16 In Cobra Golf Inc v Rata [1996] FSR 819 Laddie J set out (at page 830) a number of considerations that he found likely to be relevant to the exercise of discretion, derived from t......
  • Bdw Trading Ltd v Michael Neill Fitzpatrick and Another
    • United Kingdom
    • Chancery Division
    • 3 Diciembre 2015
    ...Kline who went on in paragraph 37: 37. The Halcon case was considered by Laddie J together with the other relevant authorities in Cobra Golf Inc v Rata [1996] FSR 819. The guidance he gave as to the matters the court will include in its considerations is useful. However it is important unde......
  • ROBERT TCHENGUIZ and Others v THE SERIOUS FRAUD OFFICE HM PROCUREUR for GUERNSEY (Intervenor)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 28 Julio 2014
    ...relevant documents from hub into satellite proceedings as long as no significant injustice is done to the disclosing party": Cobra Golf Inc v. RATA [1996] FSR 819, 831. iii) The court will not modify the undertaking unless there are "special circumstances" and where to do so will not do "in......
  • Dendron GmbH and Others v Regents of the University of California (Boston Scientific Ltd, Part 20 claimant)
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    • Chancery Division (Patents Court)
    • 19 Mayo 2004
    ...own individual facts.' The Halcon case was considered by Laddie J together with the other relevant authorities in Cobra Golf Inc v Rata [1996] FSR 819. The guidance he gave as to the matters the court will include in its considerations is useful. However it is important under the CPR to hav......
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