Microsoft Corporation v P4 Com Ltd & Ors [2007] EWHC 746 (Ch) (21 February 2007)

Microsoft Corporation v P4 Com Ltd & Ors [2007] EWHC 746 (Ch) (21 February 2007)

There are serious factual questions regarding P4 Com Ltd.'s trading status during the relevant period, which cannot be resolved without disclosure and cross-examination. Summary judgment is inappropriate; the matter must proceed to trial.

Citation
[2007] EWHC 746 (Ch)
Parties
Claimant: Microsoft Corporation; Defendant: P4 Com Ltd.; Defendant: Dr. Mozaffar Nami
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Intellectual Property Dispute (copyright, Trademark, Passing Off) / Summary Judgment Application and Amendment of Pleadings
Outcome
Summary judgment application by P4 Com Ltd. dismissed; permission granted to Microsoft to amend Particulars of Claim.
Legal Topics
Copyright Infringement, Trademark Infringement, Passing Off, Groundless Threats Under Trade Marks Act 1994, Summary Judgment, Amendment of Pleadings
Intellectual Property Civil Procedure Copyright Infringement Trademark Infringement Passing Off Groundless Threats Under Trade Marks Act 1994 Summary Judgment Amendment of Pleadings

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Parties

Microsoft Corporation

Claimant

P4 Com Ltd.

Defendant

Dr. Mozaffar Nami

Defendant

Procedural Posture

Intellectual Property Dispute (copyright, Trademark, Passing Off) / Summary Judgment Application and Amendment of Pleadings

Legal Issues

  1. 1 Whether P4 Com Ltd. traded as Phase 4 during April 2002 to June 2003
  2. 2 Whether Microsoft’s threats of proceedings were groundless under section 21 Trade Marks Act 1994
  3. 3 Whether summary judgment should be granted on the counterclaim

Ratio Decidendi

There are serious factual questions regarding P4 Com Ltd.'s trading status during the relevant period, which cannot be resolved without disclosure and cross-examination. Summary judgment is inappropriate; the matter must proceed to trial.

Court Disposition

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

Orders

  • Summary judgment application dismissed
  • Permission to amend Particulars of Claim granted