Irvine & Ors v Talksport Ltd.

Irvine & Ors v Talksport Ltd.

The use of Mr Irvine's doctored image on the promotional leaflet amounted to a false representation of endorsement, constituting passing off. The appropriate measure of damages is the reasonable endorsement fee Mr Irvine would have charged, which, based on unchallenged evidence and comparable deals, is £25,000.

Parties
Claimants/appellants: Eddie Irvine & Others; Defendant/respondent: TalkSport Ltd
Jurisdiction
England and Wales
Judgment Date
01 April 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Passing Off, False Endorsement, Damages Assessment
Intellectual Property Tort Law Passing Off False Endorsement Damages Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Eddie Irvine & Others

Claimants/appellants

TalkSport Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court

Legal Issues

  1. 1 Whether the use of Mr Irvine's doctored image constituted a false representation of endorsement amounting to passing off.
  2. 2 What is the appropriate measure of damages for false endorsement in passing off cases.

Ratio Decidendi

The use of Mr Irvine's doctored image on the promotional leaflet amounted to a false representation of endorsement, constituting passing off. The appropriate measure of damages is the reasonable endorsement fee Mr Irvine would have charged, which, based on unchallenged evidence and comparable deals, is £25,000.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • TalkSport Ltd to pay Mr Irvine £25,000 in damages for passing off by false endorsement, in substitution for the £2,000 awarded by the High Court.
  • All other aspects of the High Court's order affirmed.