Orvec International Ltd v Linfoots Ltd

Orvec International Ltd v Linfoots Ltd

The implied term in the Advertising Agreement was that Orvec had a non-exclusive, probably perpetual, licence to use the photographs. There was no basis for implying an exclusive or more extensive licence. Linfoots did not breach this term by supplying images to Intex. Orvec failed to establish actionable misrepresentation or passing off by Intex, and thus Linfoots could not be liable for passing off.

Parties
Claimant: Orvec International Limited; Defendant: Linfoots Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2014
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Implied Terms, Copyright Licence, Passing Off, Breach of Contract
Contract Law Intellectual Property Law Tort Law Implied Terms Copyright Licence Passing Off Breach of Contract

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Parties

Orvec International Limited

Claimant

Linfoots Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Linfoots breached an implied term of the Advertising Agreement by supplying photographs to Intex
  2. 2 Whether Linfoots is liable for passing off by supplying images to Intex

Ratio Decidendi

The implied term in the Advertising Agreement was that Orvec had a non-exclusive, probably perpetual, licence to use the photographs. There was no basis for implying an exclusive or more extensive licence. Linfoots did not breach this term by supplying images to Intex. Orvec failed to establish actionable misrepresentation or passing off by Intex, and thus Linfoots could not be liable for passing off.

Court Disposition

Claim dismissed