Cases

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

Held

(1) There was an agreement that AD could supply F’s franchisees, but this was limited to when F was unable to supply the relevant product. Some of AD’s actions were outside the scope of this agreement.

(2) The Defendants were liable for infringement F’s trade marks, 3 of the 4 claimed species of passing off and breach of contract. The claim to ‘false representation as to status’ passing off failed as the Defendants’ actions did not lead to a false inference of association with F. The malicious falsehood claim failed as the falsehood was not published. The copyright infringement claim failed as copyright protection was limited to 15 years under s.52 CDPA 1988 and the transitional provisions of that Act (as the logo had appeared on industrially processed copies which were not printed matter). Some of the breach of contract claims failed (the contracts not including such terms), as did the claim for causing loss by unlawful means (unlawful acts not causative of loss).

Also