Cases

Boehringer Ingelheim Ltd & Others v Vetplus Ltd (CA)

Comment

This reverses the decision at first instance to the extent the Judge below had been prepared to accept that the rule in Bonnard v Perryman applies to a claim which, although brought in relation to trade marks, was in substance of libel or malicious falsehood. It therefore places an action to protect reputation by suing in relation to trade mark infringement in the same bracket as a claim in confidence for the purposes of what the claimant has to establish in order to obtain an interim injunction. The court’s reasoning for this approach is based upon the notion that a trade mark is a property right. However, the court did not elaborate why a property right should give rise to an exception to the rule in Bonnard v Perryman, where prior restraint of the right to freedom of expression is contemplated and the threatened damage would be to the claimant’s trading reputation.

Areas of work

Defamation
Injunctive Relief
Intellectual Property
Malicious Falsehood
Trade Marks

Also