Oran Pre-Cast Ltd v Oranmore Precast Ltd & Anor [2016] EWHC 1846 (IPEC) (21 July 2016)

Oran Pre-Cast Ltd v Oranmore Precast Ltd & Anor [2016] EWHC 1846 (IPEC) (21 July 2016)

The Compromise Agreement, properly construed in its factual and commercial context, did not release the defendants from liability for trade mark infringement or passing off occurring after its date. There was no binding consent or acquiescence by the claimant to the defendants' use of the ORANMORE signs. The defendants' use of the signs was likely to cause confusion and constituted both trade mark infringement and passing off.

Citation
[2016] EWHC 1846 (IPEC)
Parties
Claimant: Oran Pre-Cast Limited; First Defendant: Oranmore Precast Limited; Second Defendant: Ross Melville; Third Defendant: Richard Burke
Jurisdiction
England and Wales
Judgment Date
21 July 2016
Procedural Posture
Intellectual Property (trade Mark Infringement and Passing Off) / Trial Judgment
Outcome
Claim allowed in part; defendants found liable for trade mark infringement and passing off.
Legal Topics
Trade Mark Infringement, Passing Off, Compromise Agreement, Release of Claims, Acquiescence, Consent, Interpretation of Contracts
Intellectual Property Contract Law Trade Mark Infringement Passing Off Compromise Agreement Release of Claims Acquiescence Consent +1 more

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Parties

Oran Pre-Cast Limited

Claimant

Oranmore Precast Limited

First Defendant

Ross Melville

Second Defendant

Richard Burke

Third Defendant

Procedural Posture

Intellectual Property (trade Mark Infringement and Passing Off) / Trial Judgment

Legal Issues

  1. 1 Whether the Compromise Agreement released the defendants from liability for trade mark infringement and passing off
  2. 2 Whether the claimant consented or acquiesced to the use of the disputed signs
  3. 3 Whether the defendants infringed the claimant's registered trade mark

Ratio Decidendi

The Compromise Agreement, properly construed in its factual and commercial context, did not release the defendants from liability for trade mark infringement or passing off occurring after its date. There was no binding consent or acquiescence by the claimant to the defendants' use of the ORANMORE signs. The defendants' use of the signs was likely to cause confusion and constituted both trade mark infringement and passing off.

Court Disposition

Claim allowed in part; defendants found liable for trade mark infringement and passing off.

Orders

  • Defendants to cease use of the infringing signs and device in the UK.
  • Defendants to pay damages or account of profits to be assessed.