Dearlove (t/a and Professionally Known As "Diddy") v Combs (t/a and Professionally Known As "Sean 'puffy' Combs", "Puffy" and "P.Diddy") [2007] EWHC 375 (Ch) (28 February 2007)

Dearlove (t/a and Professionally Known As "Diddy") v Combs (t/a and Professionally Known As "Sean 'puffy' Combs", "Puffy" and "P.Diddy") [2007] EWHC 375 (Ch) (28 February 2007)

The MySpace and YouTube web-pages and www.badboyonline.com website constitute advertisement and promotion of goods and services in the UK under the name 'Diddy', but it cannot be summarily determined whether Mr Combs has control over these sites. The lyrics of the song 'The Future' on the 'Press Play' album constitute advertisement in the UK under the name 'Diddy', but the lyrics of the other songs do not.

Citation
[2007] EWHC 375 (Ch)
Parties
Claimant: Richard Dearlove; Defendant: Sean Combs
Jurisdiction
England and Wales
Judgment Date
28 February 2007
Procedural Posture
Civil Intellectual Property / Application for Summary Judgment
Outcome
Partial summary judgment granted for the claimant on the issue of advertising and promotion in the UK under the name 'Diddy' via specified online content and one song lyric; issue of control over the websites and other matters to be determined at trial or further argument.
Legal Topics
Passing Off, Trade Mark Infringement, Settlement Agreement, Internet Advertising, Summary Judgment
Intellectual Property Contract Passing Off Trade Mark Infringement Settlement Agreement Internet Advertising Summary Judgment

Case Brief

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Parties

Richard Dearlove

Claimant

Sean Combs

Defendant

Procedural Posture

Civil Intellectual Property / Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendant breached the settlement agreement by advertising or promoting goods or services under the name 'Diddy' in the UK via MySpace, YouTube, www.badboyonline.com, and in song lyrics on the 'Press Play' album.
  2. 2 Whether the defendant had control over the relevant websites and online content.

Ratio Decidendi

The MySpace and YouTube web-pages and www.badboyonline.com website constitute advertisement and promotion of goods and services in the UK under the name 'Diddy', but it cannot be summarily determined whether Mr Combs has control over these sites. The lyrics of the song 'The Future' on the 'Press Play' album constitute advertisement in the UK under the name 'Diddy', but the lyrics of the other songs do not.

Court Disposition

Partial summary judgment granted for the claimant on the issue of advertising and promotion in the UK under the name 'Diddy' via specified online content and one song lyric; issue of control over the websites and other matters to be determined at trial or further argument.