Total Electric Solutions Ltd & Anor v Nortek Electrical Circuits Ltd

ANDREW LOMAS (instructed by Eversheds Sutherland) for the Claimants JONATHAN HILL (instructed by Kuits) for the Defendant Hearing date: 23 January 2026 ____________________

(i) breached a written supply agreement dated 23 February 2010 ( 2010 Agreement ), principally by selling certain V-Series Products ( Contested Products ) to third party customers in breach of the exclusivity provision in the 2010 Agreement;

(ii) infringed copyright in various works relating to those products and design right in their printed circuit board designs; and

(iii) as a result, Nortek had caused the Claimants to incur loss in an amount then quantified at approximately �11.8 million.

(i) The Claimants' argument that TES was the sole legal owner of any copyright works and unregistered design right in the V-Series Products based on the contractual assignment of those rights pursuant to the 2010 Agreement. Nortek argued, in turn, that this was unsustainable, whether as a matter of proper construction of the express terms or on the basis of the related implied terms asserted by the Claimants ( Construction Issue );