| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 317 (Dec) |
| Court: | Chancery Division |
| Judge: | Pumfrey J |
| Representation | Hugo Cuddigan (instructed by Rowe & Maw) for the claimant. |
| The first defendant appeared by its representative. | |
| The second defendant appeared in person. | |
| Judgment Dates: | 19 December 2001 |
Catchwords
Trade Mark - Infringement - Advertisement - Application for summary judgment Defendant company using claimant's marks in advertisement - Claimant applying for summary judgment - Whether defendant having real prospect of success at trial ||Whether director of defendant company liable as joint tortfeasor.
The Case
In respect of a claim for trade mark and copyright infringement and passing off, the court held that, on the evidence, the defendants' defence amounted to a form of challenge which was without real hope of success. Accordingly, summary judgment was granted in favour of the claimant company.
Practice Areas
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