Future Publishing Ltd v The Edge Interactive Media Inc & Ors [2011] EWHC 1489 (Ch) (13 June 2011)

Future Publishing Ltd v The Edge Interactive Media Inc & Ors [2011] EWHC 1489 (Ch) (13 June 2011)

The defendants deliberately copied and used the claimant's original EDGE logo, breached key terms of the CTA and Deed by causing confusion and making misleading statements, committed passing off, failed to show genuine use of UK trade marks, and the breaches were fundamental, entitling the claimant to terminate the agreements and obtain relief.

Citation
[2011] EWHC 1489 (Ch)
Parties
Claimant: Future Publishing Limited; Defendant: Edge Interactive Media Inc; Defendant: Edge Games Inc; Defendant: Dr Timothy Langdell
Jurisdiction
England and Wales
Judgment Date
13 June 2011
Procedural Posture
High Court Chancery Division Civil Claim / Judgment After Trial
Outcome
Judgment for the claimant on all claims pursued at trial.
Legal Topics
Copyright Infringement, Trade Mark Assignment, Passing Off, Breach of Contract, Repudiatory Breach, De Registration for Non Use
Intellectual Property Contract Law Tort (passing Off) Copyright Infringement Trade Mark Assignment Passing Off Breach of Contract Repudiatory Breach +1 more

Case Brief

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Parties

Future Publishing Limited

Claimant

Edge Interactive Media Inc

Defendant

Edge Games Inc

Defendant

Dr Timothy Langdell

Defendant

Procedural Posture

High Court Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether defendants infringed claimant's copyright in the EDGE logo
  2. 2 Whether defendants breached the Concurrent Trading Agreement and Deed
  3. 3 Whether defendants committed passing off

Ratio Decidendi

The defendants deliberately copied and used the claimant's original EDGE logo, breached key terms of the CTA and Deed by causing confusion and making misleading statements, committed passing off, failed to show genuine use of UK trade marks, and the breaches were fundamental, entitling the claimant to terminate the agreements and obtain relief.

Court Disposition

Judgment for the claimant on all claims pursued at trial.

Orders

  • Declaration of copyright infringement by defendants
  • Declaration of breach and fundamental breach of contract by defendants