Coco v AN Clark Engineers

Coco v AN Clark Engineers

COCO V. A.N. CLARK (ENGINEERS) LTD [1969] RPC 41

High Court – Chancery (England) – 1 July 1968

FACTS

Coco was developing a motor-assisted cycle or moped. He entered into negotiations with AN Clark to develop the moped and provided information to A.N. Clark about his moped. After some time, A.N. Clark elected to not further develop the Coco moped and instead began to develop its own moped.

Coco became suspicious that A.N. Clark was using some of his designs for the new moped. He therefore applied for an injunction to stop A.N. Clark making or sell any moped using his confidential information. A.N. Clark had just released its moped on the market while Coco had stopped developing his moped.

ISSUES

Had Coco established a strong prima facie case that the information was confidential or that there had been a breach of confidence?

Should an injunction be awarded to prevent the making and selling of the moped?

FINDING

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