Future Publishing Ltd v The Edge Interactive Media Inc & Ors

Future Publishing Ltd v The Edge Interactive Media Inc & Ors

The defendants deliberately copied the claimant's original EDGE logo, breached the CTA and Deed by using confusingly similar marks and making misleading statements, committed passing off by appropriating the claimant's goodwill, infringed copyright, and failed to show genuine use of UK trade marks, justifying their invalidation. The breaches were fundamental and justified termination of the contract.

Parties
Claimant: Future Publishing Limited; Defendant: The Edge Interactive Media Inc; Defendant: Edge Games Inc; Defendant: Dr Timothy Langdell
Jurisdiction
England and Wales
Judgment Date
13 June 2011
Procedural Posture
Civil / Judgment After Full Trial
Outcome
Claim allowed in full for the claimant.
Legal Topics
Copyright Infringement, Passing Off, Trade Mark Infringement, Breach of Contract, Repudiatory Breach, Trade Mark Non Use, Goodwill, Deceptive Statements
Intellectual Property Contract Tort Copyright Infringement Passing Off Trade Mark Infringement Breach of Contract Repudiatory Breach +3 more

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Parties

Future Publishing Limited

Claimant

The Edge Interactive Media Inc

Defendant

Edge Games Inc

Defendant

Dr Timothy Langdell

Defendant

Procedural Posture

Civil / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants infringed the claimant's copyright in the EDGE logo
  2. 2 Whether the defendants breached the Concurrent Trading Agreement and Deed
  3. 3 Whether the defendants committed passing off

Ratio Decidendi

The defendants deliberately copied the claimant's original EDGE logo, breached the CTA and Deed by using confusingly similar marks and making misleading statements, committed passing off by appropriating the claimant's goodwill, infringed copyright, and failed to show genuine use of UK trade marks, justifying their invalidation. The breaches were fundamental and justified termination of the contract.

Court Disposition

Claim allowed in full for the claimant.

Orders

  • Declaration of copyright infringement by the defendants
  • Declaration of passing off by the defendants