Irvine & Ors v Talksport Ltd. [2003] EWCA Civ 423 (01 April 2003)

Irvine & Ors v Talksport Ltd. [2003] EWCA Civ 423 (01 April 2003)

The use of a doctored image of Mr Irvine on promotional material for Talk Radio constituted a misrepresentation likely to lead a significant portion of the relevant audience to believe Mr Irvine had endorsed the station, amounting to passing off. Damages are to be assessed as a reasonable endorsement fee for such use, taking into account the limited scope and impact of the promotion.

Citation
[2003] EWCA Civ 423
Parties
Claimants/appellants: Irvine & Ors; Defendant/respondent: TalkSport Ltd
Jurisdiction
England and Wales
Judgment Date
01 April 2003
Procedural Posture
Civil Appeal (passing Off) / Appeal From High Court, Chancery Division; Judgment on Appeal and Cross Appeal
Outcome
Appeal on liability dismissed; cross-appeal on damages dismissed; original award of £2,000 in damages affirmed.
Legal Topics
Passing Off, False Endorsement, Damages Assessment, Goodwill, Misrepresentation
Intellectual Property Tort Passing Off False Endorsement Damages Assessment Goodwill Misrepresentation

Case Brief

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Parties

Irvine & Ors

Claimants/appellants

TalkSport Ltd

Defendant/respondent

Procedural Posture

Civil Appeal (passing Off) / Appeal From High Court, Chancery Division; Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the use of a doctored image of Mr Irvine constituted a false endorsement amounting to passing off
  2. 2 Whether a significant portion of the relevant public would be deceived into believing Mr Irvine endorsed Talk Radio
  3. 3 What is the appropriate measure and quantum of damages for false endorsement in passing off

Ratio Decidendi

The use of a doctored image of Mr Irvine on promotional material for Talk Radio constituted a misrepresentation likely to lead a significant portion of the relevant audience to believe Mr Irvine had endorsed the station, amounting to passing off. Damages are to be assessed as a reasonable endorsement fee for such use, taking into account the limited scope and impact of the promotion.

Court Disposition

Appeal on liability dismissed; cross-appeal on damages dismissed; original award of £2,000 in damages affirmed.

Orders

  • TalkSport Ltd to pay Mr Irvine £2,000 in damages for passing off, with interest.