Samherji HF v Fridriksson [2024] EWHC 2892 (Ch) (14 November 2024)

Samherji HF v Fridriksson [2024] EWHC 2892 (Ch) (14 November 2024)

The Defendant's conduct in creating a website and domain name purporting to be the Claimant's official UK site, distributing a fake press release, and copying the Claimant's logo and brochure constituted passing off, copyright infringement, and malicious falsehood. Article 10 ECHR and fair dealing defences do not...

Source-derived case information.

Citation
[2024] EWHC 2892 (Ch)
Parties
Claimant: Samherji hf; Defendant: Oddur Fridriksson
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Intellectual Property / Summary Judgment Application and Application to Amend Defence
Outcome
Summary judgment granted for Claimant; no order on Defendant's application to amend Defence.
Legal Topics
Passing Off, Copyright Infringement, Malicious Falsehood, Freedom of Expression, Domain Name Disputes
Intellectual Property Tort Human Rights Passing Off Copyright Infringement Malicious Falsehood Freedom of Expression Domain Name Disputes

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Parties

Samherji hf

Claimant

Oddur Fridriksson

Defendant

Procedural Posture

Intellectual Property / Summary Judgment Application and Application to Amend Defence

Legal Issues

  1. 1 Whether the Defendant's conduct constituted passing off, copyright infringement, and malicious falsehood
  2. 2 Whether Article 10 ECHR (freedom of expression) provides a defence to the intellectual property claims
  3. 3 Whether fair dealing defences under CDPA 1988 apply

Ratio Decidendi

The Defendant's conduct in creating a website and domain name purporting to be the Claimant's official UK site, distributing a fake press release, and copying the Claimant's logo and brochure constituted passing off, copyright infringement, and malicious falsehood. Article 10 ECHR and fair dealing defences do not provide a real prospect of success at trial. Summary judgment is granted.

Court Disposition

Summary judgment granted for Claimant; no order on Defendant's application to amend Defence.

Orders

  • Final injunctive relief to be granted in form of interim injunction; transfer of Domain Name to Claimant; Defendant restrained from further use or misrepresentation of Claimant's mark, logo, or website; inquiry as to damages may be directed; hearing to deal with consequential matters to be listed.