Microsoft Corporation v P4 Com Ltd & Ors

Microsoft Corporation v P4 Com Ltd & Ors

There are serious factual disputes as to whether P4 Com Ltd. traded as Phase 4 during the relevant period. The evidence is incomplete and disclosure/cross-examination are required. Summary judgment on the counterclaim is inappropriate and must be dismissed. Microsoft is permitted to amend its Particulars of Claim. Costs are awarded to Microsoft for the summary judgment application and amendment application, apportioned between defendants as specified.

Parties
Claimant: Microsoft Corporation; Defendant: P4 Com Ltd.; Defendant: Dr. Mozaffar Nami
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Civil (intellectual Property) / Interlocutory (summary Judgment and Amendment Applications)
Outcome
Summary judgment application by P4 Com Ltd. dismissed; permission granted to Microsoft to amend Particulars of Claim; costs awarded to Microsoft as specified.
Legal Topics
Copyright Infringement, Trade Mark Infringement, Passing Off, Groundless Threats (trade Marks), Summary Judgment, Pleadings Amendment, Costs
Intellectual Property Civil Procedure Copyright Infringement Trade Mark Infringement Passing Off Groundless Threats (trade Marks) Summary Judgment Pleadings Amendment +1 more

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Parties

Microsoft Corporation

Claimant

P4 Com Ltd.

Defendant

Dr. Mozaffar Nami

Defendant

Procedural Posture

Civil (intellectual Property) / Interlocutory (summary Judgment and Amendment Applications)

Legal Issues

  1. 1 Whether P4 Com Ltd. traded as Phase 4 during April 2002 to June 2003 and is liable for alleged IP infringements; whether threats made by Microsoft were groundless under section 21 of the Trade Marks Act 1994; whether summary judgment should be granted on the counterclaim; whether Microsoft should be permitted to amend its Particulars of Claim; allocation of costs for the applications.

Ratio Decidendi

There are serious factual disputes as to whether P4 Com Ltd. traded as Phase 4 during the relevant period. The evidence is incomplete and disclosure/cross-examination are required. Summary judgment on the counterclaim is inappropriate and must be dismissed. Microsoft is permitted to amend its Particulars of Claim. Costs are awarded to Microsoft for the summary judgment application and amendment application, apportioned between defendants as specified.

Court Disposition

Summary judgment application by P4 Com Ltd. dismissed; permission granted to Microsoft to amend Particulars of Claim; costs awarded to Microsoft as specified.

Orders

  • Application for summary judgment on the counterclaim dismissed.
  • Permission granted to Microsoft to amend Particulars of Claim.