| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 30 (Jun) |
| Neutral Citation: | [2006] EWHC 1318 (Ch) |
| Court: | Chancery Division |
| Judge: | Sir Andrew Morritt C |
| Representation | Peter Roth QC, Kelyn Bacon and Julian Gregory (instructed by Addleshaw Goddard) for the claimant. |
| Nicholas Green QC and Daniel Jowell (instructed by Cleary Gottlieb) for the first to third defendants. | |
| Charles Hollander QC, John Critchley and Michael Joy (instructed by Onside Law) for the fourth defendant. | |
| Richard Spearman QC (instructed by Skadden Arps Slate Meagher & Flom) for the fifth defendant. | |
| Rhodri Thompson QC and Adam Lewis (instructed by Hammonds) for ITF. | |
| Judgment Dates: | 7 June 2006 |
Catchwords
Competition - Rules on competition - Agreements preventing, restricting or distorting competition - Code of Conduct - Defendants seeking to amend dress code - Claimant's motif considered to be manufacturer's identification - Manufacturer's identification exceeding specified size limit in code - Claimant seeking interim relief restraining defendants implementing decision that its motif constituted manufacturer's identification - Defendants seeking to strike out claim against them - EC Treaty, arts 81, 82 - Civil Procedure Rules, , 3.4(2)(a), 24.2(a)(i).
The Case
In proceedings concerning the claim that the defendants' code of conduct in relation to the logos featuring on competitor's sportswear and equipment infringed arts81 and 82 of the EC Treaty, the claimant was granted interim relief against the first, second and fifth defendants.
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