Oddur Fridriksson v Samherji HF

Oddur Fridriksson v Samherji HF

The defendant's actions in registering a domain name similar to the claimant's and operating a website that impersonated the claimant, including publishing a fake press release, constituted passing off, copyright infringement, and malicious falsehood. The website was a deliberate act of deception, not a parody or fair dealing, and was not protected by freedom of expression. The claimant had sufficient goodwill in the UK, and the acts were calculated to cause damage. Summary judgment was appropriate as there was no real prospect of a successful defence at trial.

Parties
Defendant/appellant: Oddur Fridriksson (also known as ODEE); Claimant/respondent: Samherji hf
Jurisdiction
England and Wales
Judgment Date
23 July 2025
Procedural Posture
Civil Appeal / Appeal From Summary Judgment; Permission to Appeal and Appeal Heard Together (rolled Up Hearing)
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Passing Off, Copyright Infringement, Malicious Falsehood, Freedom of Expression, Summary Judgment, Domain Name Disputes
Intellectual Property Tort Civil Procedure Passing Off Copyright Infringement Malicious Falsehood Freedom of Expression Summary Judgment +1 more

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Parties

Oddur Fridriksson (also known as ODEE)

Defendant/appellant

Samherji hf

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment; Permission to Appeal and Appeal Heard Together (rolled Up Hearing)

Legal Issues

  1. 1 Whether the defendant's actions constituted passing off, copyright infringement, and malicious falsehood; whether the defendant's conduct was protected by freedom of expression; whether summary judgment was appropriate given the alleged artistic and public interest context.

Ratio Decidendi

The defendant's actions in registering a domain name similar to the claimant's and operating a website that impersonated the claimant, including publishing a fake press release, constituted passing off, copyright infringement, and malicious falsehood. The website was a deliberate act of deception, not a parody or fair dealing, and was not protected by freedom of expression. The claimant had sufficient goodwill in the UK, and the acts were calculated to cause damage. Summary judgment was appropriate as there was no real prospect of a successful defence at trial.

Court Disposition

Appeal dismissed; permission to appeal refused.

Orders

  • Summary judgment for the claimant upheld.
  • Declarations of passing off, copyright infringement, and malicious falsehood against the defendant.