Dearlove (t/a and Professionally Known As "Diddy") v Combs (t/a and Professionally Known As "Sean 'puffy' Combs", "Puffy" and "P.Diddy")

Dearlove (t/a and Professionally Known As "Diddy") v Combs (t/a and Professionally Known As "Sean 'puffy' Combs", "Puffy" and "P.Diddy")

The MySpace and YouTube web-pages and badboyonline.com website constitute advertisement within the UK of Mr Combs's recordings and services under the name 'Diddy', and the lyrics of the song 'The Future' on the Press Play album constitute advertisement within the UK of goods and services under the word 'Diddy'. However, the issue of whether Mr Combs has control over these websites and materials cannot be determined summarily and must be left for trial.

Parties
Claimant: Richard Dearlove; Defendant: Sean Combs
Jurisdiction
England and Wales
Judgment Date
28 February 2007
Procedural Posture
Civil / Summary Judgment Application
Outcome
Partial summary judgment granted
Legal Topics
Passing Off, Trade Mark Infringement, Settlement Agreement, Internet Advertising
Intellectual Property Contract Passing Off Trade Mark Infringement Settlement Agreement Internet Advertising

Case Brief

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Parties

Richard Dearlove

Claimant

Sean Combs

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant breached the Settlement Agreement by advertising and promoting goods and services under the name 'Diddy' in the UK via MySpace, YouTube, and badboyonline.com
  2. 2 Whether references to 'Diddy' in song lyrics constitute advertisement of goods or services under the Settlement Agreement
  3. 3 Whether the defendant has control over the relevant websites and promotional materials

Ratio Decidendi

The MySpace and YouTube web-pages and badboyonline.com website constitute advertisement within the UK of Mr Combs's recordings and services under the name 'Diddy', and the lyrics of the song 'The Future' on the Press Play album constitute advertisement within the UK of goods and services under the word 'Diddy'. However, the issue of whether Mr Combs has control over these websites and materials cannot be determined summarily and must be left for trial.

Court Disposition

Partial summary judgment granted

Orders

  • The contents of the MySpace and YouTube web-pages and badboyonline.com website constitute advertisement within the UK of goods and services under the name 'Diddy'.
  • The lyrics of the song 'The Future' on the Press Play album constitute advertisement within the UK of goods and services under the word 'Diddy'.