Clayton Horsnell Limited and CW Commerce Limited, for the purposes of settlement, acknowledge that Distinctive Wholesale Limited (“DWL”) is the owner of copyright in images which it (DWL) commissioned and in respect of which it (DWL) was assigned the intellectual property rights from the original creators of those images (“Product Images”). Clayton Horsnell Limited and CW Commerce Limited further acknowledge that DWL owns database right(s) in the data that it has obtained, collated and presented relating to its products (“Product Data”).
DWL entered into a contract with Clayton Horsnell in or around November 2012, and with CW Commerce in or around April 2014, which permitted each of them to sell DWL's goods to their customers through their online stores. DWL made the Product Images and Product Data available to Clayton Horsnell and CW Commerce to enable them to use these on their websites for the purpose of marketing products.
DWL claims that the Product Images and Product Data were supplied on the condition that they would only be used in relation to orders which were fulfilled with products from DWL. Clayton Horsnell and CW Commerce both admit that they fulfilled orders placed for products promoted on their websites using the Product Images and Product Data with products sourced from suppliers other than DWL. Clayton Horsnell and CW Commerce do not accept that they were not entitled to do so.
DWL commenced proceedings against Clayton Horsnell, CW Commerce and Peter Clayton, which have now settled. As part of that settlement, and without any admission of liability, Clayton Horsnell, CW Commerce and Peter Clayton have each provided undertakings to DWL dated 21 October 2019 confirming that they will not use the Product Images and Product Data, obtained or provided to them by DWL, going forward.