The Edge Interactive Media Inc & Anor v Future Publishing Ltd
The Hearing Officer's determination that the power of attorney under clause 2.8 of the CTA did not survive termination was necessary for resolution of the recordal application and thus creates cause of action estoppel and issue estoppel, precluding the Claimants from relitigating the issue.
- Parties
- Claimant: The Edge Interactive Media Inc; Claimant: Edge Games Inc; Defendant: Future Publishing Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 15 November 2017
- Procedural Posture
- Appeal / Judgment on Appeal Against Strike Out Order
- Outcome
- Appeal dismissed
- Legal Topics
- Trade Marks, Power of Attorney, Estoppel, Assignment of Rights, Abuse of Process
Case Brief
Summary, issues, holding and outcome
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Parties
The Edge Interactive Media Inc
Claimant
Edge Games Inc
Claimant
Future Publishing Limited
Defendant
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out Order
Legal Issues
- 1 Whether the power of attorney under clause 2.8 of the CTA survived termination of the CTA
- 2 Whether the Hearing Officer's decision creates cause of action estoppel and issue estoppel
- 3 Whether the claim for declaratory relief is an abuse of process
Ratio Decidendi
The Hearing Officer's determination that the power of attorney under clause 2.8 of the CTA did not survive termination was necessary for resolution of the recordal application and thus creates cause of action estoppel and issue estoppel, precluding the Claimants from relitigating the issue.
Court Disposition
Appeal dismissed
Orders
- Claimants' appeal is dismissed
- Claimants to pay Defendant's costs of £22,674 within 14 days
Full Case Text
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