Cases

Patel v Allos Therapeutics Inc

Held

Granting the application and striking out P’s claims:

(1) P's claims under the Human Rights Act were bound to fail. His allegations of bias in the UDRP system, which could be inferred to be an Article 6 argument, were unsubstantiated. His right to freedom of expression under Article 10 was not an unqualified right: it had to be balanced against the rights of others, such as the rights of trade mark owners to enjoy their own rights and property. P had used a domain name constituting A's trade mark and trading name without any indication that it was a protest site. He was thereby effectively posing as A. His site did not contain or link to any active criticism. This was not a legitimate exercise of P's rights under Article 10.

(2) There was no merit in P’s other claims. In respect of defamation and malicious falsehood, he had no evidence of the necessary malice. A’s actions were reasonable and therefore not harassment. A had never threatened to bring UK trade mark proceedings.

Also