Oran Pre-Cast Ltd v Oranmore Precast Ltd & Anor

Oran Pre-Cast Ltd v Oranmore Precast Ltd & Anor

The Compromise Agreement of 17 May 2013 operated as a release of liability for Richard Burke, Ross Melville, and Oranmore Precast Limited for the present claims of trade mark infringement and passing off, precluding Oran from bringing these claims. The release was interpreted, in its factual and commercial context, as covering all known and foreseeable claims connected with Richard Burke leaving Oran, including those arising from the founding and trading of Oranmore. There was no express or implied reservation of rights to sue joint tortfeasors. Accordingly, the claims were dismissed.

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 and Passing Off) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Compromise Agreement, Release of Joint Tortfeasors, Consent and Acquiescence
Intellectual Property Law Contract Law Trade Mark Infringement Passing Off Compromise Agreement Release of Joint Tortfeasors Consent and Acquiescence

Case Brief

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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 and Passing Off) / Judgment After Trial

Legal Issues

  1. 1 Whether the Compromise Agreement released the Defendants from liability for trade mark infringement and passing off
  2. 2 Whether the Defendants infringed the Registered Mark under section 10(2) of the Trade Marks Act 1994
  3. 3 Whether the Defendants committed passing off

Ratio Decidendi

The Compromise Agreement of 17 May 2013 operated as a release of liability for Richard Burke, Ross Melville, and Oranmore Precast Limited for the present claims of trade mark infringement and passing off, precluding Oran from bringing these claims. The release was interpreted, in its factual and commercial context, as covering all known and foreseeable claims connected with Richard Burke leaving Oran, including those arising from the founding and trading of Oranmore. There was no express or implied reservation of rights to sue joint tortfeasors. Accordingly, the claims were dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed in its entirety.