Nike European Operations Netherlands BV v Rosicky

Nike European Operations Netherlands BV v Rosicky

The English court has jurisdiction under s.25 of the Civil Jurisdiction and Judgments Act 1982 to grant interim relief in support of Dutch proceedings. On the evidence, Nike has a high degree of assurance of establishing its case that the option notice was properly served. Damages are not an adequate remedy for either party, and the balance of convenience favours preserving the status quo by granting an interim injunction restraining Mr. Rosicky from wearing Puma boots until the Dutch court hears the interim application.

Parties
Applicant: Nike European Operations Netherlands B.V.; Respondent: Tomas Rosicky
Jurisdiction
England and Wales
Judgment Date
09 August 2007
Procedural Posture
Application for Interim Injunction / Ruling on Interim Relief
Outcome
Interim injunction granted in favour of Nike.
Legal Topics
Interim Injunctions, Jurisdiction, Endorsement Contracts, Service of Notice, Balance of Convenience
Contract Law Civil Procedure Intellectual Property Interim Injunctions Jurisdiction Endorsement Contracts Service of Notice Balance of Convenience

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Nike European Operations Netherlands B.V.

Applicant

Tomas Rosicky

Respondent

Procedural Posture

Application for Interim Injunction / Ruling on Interim Relief

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant interim relief under s.25 Civil Jurisdiction and Judgments Act 1982 in support of Dutch proceedings.
  2. 2 Whether Nike validly exercised its option to extend the contract with Mr. Rosicky by proper service of notice.
  3. 3 Whether the balance of convenience favours granting an interim injunction to restrain Mr. Rosicky from wearing Puma boots pending Dutch proceedings.

Ratio Decidendi

The English court has jurisdiction under s.25 of the Civil Jurisdiction and Judgments Act 1982 to grant interim relief in support of Dutch proceedings. On the evidence, Nike has a high degree of assurance of establishing its case that the option notice was properly served. Damages are not an adequate remedy for either party, and the balance of convenience favours preserving the status quo by granting an interim injunction restraining Mr. Rosicky from wearing Puma boots until the Dutch court hears the interim application.

Court Disposition

Interim injunction granted in favour of Nike.

Orders

  • Mr. Rosicky restrained from wearing Puma boots or displaying Puma marks until the Dutch court hears the interim application.
  • Option for Mr. Rosicky to wear unmarked boots during the injunction period.