Vertical Leisure Ltd v Poleplus Ltd & Anor

Vertical Leisure Ltd v Poleplus Ltd & Anor

Poleplus Limited is vicariously liable for the acts of passing off committed by Mr Bowley because he registered the offending domain names as part of his duties as employee and agent of Poleplus, with the primary intention of furthering Poleplus's interests. There was insufficient evidence of common design, but vicarious liability and agency suffice for joint liability.

Parties
Claimant: Vertical Leisure Limited; First Defendant: Poleplus Limited; Second Defendant: Peter Bowley
Jurisdiction
England and Wales
Judgment Date
27 March 2015
Procedural Posture
Civil Intellectual Property / Judgment After Trial
Outcome
Poleplus Limited is jointly liable with Peter Bowley for passing off by reason of vicarious liability and agency.
Legal Topics
Passing Off, Vicarious Liability, Agency, Joint Tortfeasance, Domain Name Disputes
Intellectual Property Tort Law Passing Off Vicarious Liability Agency Joint Tortfeasance Domain Name Disputes

Case Brief

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Parties

Vertical Leisure Limited

Claimant

Poleplus Limited

First Defendant

Peter Bowley

Second Defendant

Procedural Posture

Civil Intellectual Property / Judgment After Trial

Legal Issues

  1. 1 Whether Poleplus Limited is jointly liable with Peter Bowley for acts of passing off through registration of domain names
  2. 2 Whether Mr Bowley acted as agent or employee of Poleplus in registering the domain names
  3. 3 Whether there was a common design between Poleplus and Mr Bowley

Ratio Decidendi

Poleplus Limited is vicariously liable for the acts of passing off committed by Mr Bowley because he registered the offending domain names as part of his duties as employee and agent of Poleplus, with the primary intention of furthering Poleplus's interests. There was insufficient evidence of common design, but vicarious liability and agency suffice for joint liability.

Court Disposition

Poleplus Limited is jointly liable with Peter Bowley for passing off by reason of vicarious liability and agency.

Orders

  • Judgment for the claimant against Poleplus Limited and Peter Bowley for passing off
  • Poleplus Limited held vicariously liable for Mr Bowley's acts