Cases

Fearns v Anglo-Dutch Paint & Chemical Co Ltd & Ors

Facts

F sold high quality paint for spray painting cars under the name and trade mark ‘Autopaint’. He bought paint from various companies, including DB, the 2nd Defendant (run by the 4th-6th Defendants), whose UK distributor was AD, the 1st Defendant (whose UK representative was the 3rd Defendant). AD began selling paint directly to F’s franchisees under the Autopaint brand. F brought claims for trade mark infringement, passing off, malicious falsehood, copyright infringement and breach of contract. The Defendants maintained that ADs actions had been previously agreed with F.

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