The Edge Interactive Media Inc & Anor v Future Publishing Ltd

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

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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

  1. 1 Whether the power of attorney under clause 2.8 of the CTA survived termination of the CTA
  2. 2 Whether the Hearing Officer's decision creates cause of action estoppel and issue estoppel
  3. 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