WWF & Anor v World Wrestling Federation Entertainment Inc [2002] EWCA Civ 196 (27th February, 2002)

WWF & Anor v World Wrestling Federation Entertainment Inc [2002] EWCA Civ 196 (27th February, 2002)

The 1994 agreement was a bona fide settlement of genuine disputes over trademark rights, negotiated between well-represented commercial parties. The restrictions imposed were not shown to be unreasonable or contrary to public policy. The Federation's breaches, including use of 'WWF' on its website and in the Scratch Logo, were clear and not merely technical. The doctrine of restraint of trade and Article 81 EC Treaty did not justify non-enforcement. The Fund was entitled to an injunction and monetary relief.

Citation
[2002] EWCA Civ 196
Parties
Claimant/respondent: WWF – World Wide Fund for Nature; Claimant/respondent: World Wildlife Fund Inc; Defendant/appellant: World Wrestling Federation Entertainment Inc
Jurisdiction
England and Wales
Procedural Posture
Appeal (civil) / Appeal From Summary Judgment and Injunction Order of the High Court, Chancery Division
Outcome
Appeal dismissed
Legal Topics
Enforcement of Settlement Agreements, Restraint of Trade, Trademark Infringement, Public Policy in Contract Enforcement, Article 81 EC Treaty, Trademark Dilution and Association
Contract Law Intellectual Property Law Competition Law Enforcement of Settlement Agreements Restraint of Trade Trademark Infringement Public Policy in Contract Enforcement Article 81 EC Treaty +1 more

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Parties

WWF – World Wide Fund for Nature

Claimant/respondent

World Wildlife Fund Inc

Claimant/respondent

World Wrestling Federation Entertainment Inc

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From Summary Judgment and Injunction Order of the High Court, Chancery Division

Legal Issues

  1. 1 Whether the 1994 agreement restricting use of 'WWF' by the Federation is enforceable
  2. 2 Whether the agreement is void as an unreasonable restraint of trade or under Article 81 EC Treaty
  3. 3 Whether the Federation's use of 'WWF' in its website and Scratch Logo breached the agreement

Ratio Decidendi

The 1994 agreement was a bona fide settlement of genuine disputes over trademark rights, negotiated between well-represented commercial parties. The restrictions imposed were not shown to be unreasonable or contrary to public policy. The Federation's breaches, including use of 'WWF' on its website and in the Scratch Logo, were clear and not merely technical. The doctrine of restraint of trade and Article 81 EC Treaty did not justify non-enforcement. The Fund was entitled to an injunction and monetary relief.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay costs
  • Appellants to make an interim payment of £40,000 to the respondents by 27 March 2002