Terrapin Ltd v Builders' Supply Co (Hayes) Ltd [1967] RPC 375

• Defendant made prefabricated buildings to design specified by Claimant.

• Claimant communicated manufacturing details and technical specifications to Defendant for this purpose. At end of contract, Defendant began to make its sell its own prefabricated buildings incorporating many of Claimant’s design features.

• Claimant sued; Defendant claimed there was no breach as sale of Claimant’s buildings and existence of Claimant’s brochures meant information was available to public.

Held

• Person who obtains information in confidence cannot use it as a springboard for activities detrimental to person who gave information.

• Is true that inspection of brochures and dismantling of Claimant’s buildings might enable third party to copy design

  • However this is far more difficult than it would be without the technical specifications

• Thus Claimant used information to give him unfair head-start over members of public