Vertical Leisure Ltd v Poleplus Ltd & Anor [2015] EWHC 841 (IPEC) (27 March 2015)

Vertical Leisure Ltd v Poleplus Ltd & Anor [2015] EWHC 841 (IPEC) (27 March 2015)

Poleplus Limited is vicariously liable for Peter Bowley's acts of passing off by registration of domain names, as Bowley acted within his employment and primarily to further Poleplus's interests; Poleplus is also liable as principal for Bowley's acts as agent. Common design was not established due to lack of prior knowledge or active encouragement by Poleplus.

Citation
[2015] EWHC 841 (IPEC)
Parties
Claimant: Vertical Leisure Limited; First Defendant: Poleplus Limited; Second Defendant: Peter Bowley
Jurisdiction
England and Wales
Judgment Date
27 March 2015
Procedural Posture
Passing Off and Joint Tortfeasance / Final Judgment After Trial
Outcome
Poleplus Limited is jointly liable with Peter Bowley for passing off by registration of 12 domain names.
Legal Topics
Passing Off, Joint Tortfeasance, Vicarious Liability, Agency, Domain Name Registration
Intellectual Property Tort Law Passing Off Joint Tortfeasance Vicarious Liability Agency Domain Name Registration

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Parties

Vertical Leisure Limited

Claimant

Poleplus Limited

First Defendant

Peter Bowley

Second Defendant

Procedural Posture

Passing Off and Joint Tortfeasance / Final Judgment After Trial

Legal Issues

  1. 1 Is Poleplus Limited jointly liable with Peter Bowley for passing off by registration of domain names?
  2. 2 Does vicarious liability or agency apply to Poleplus for Bowley's acts?

Ratio Decidendi

Poleplus Limited is vicariously liable for Peter Bowley's acts of passing off by registration of domain names, as Bowley acted within his employment and primarily to further Poleplus's interests; Poleplus is also liable as principal for Bowley's acts as agent. Common design was not established due to lack of prior knowledge or active encouragement by Poleplus.

Court Disposition

Poleplus Limited is jointly liable with Peter Bowley for passing off by registration of 12 domain names.

Orders

  • Poleplus Limited held vicariously liable for passing off.
  • Poleplus Limited held liable as principal for acts of agent Bowley.