The court had found trade mark infringement by the defendant and now considered the quantification of damages.
Newey J
[2013] EWHC 815 (Ch)
Bailii
England and Wales
Citing:
Principle Judgment – 32Red Plc (A Gibraltar Company) v WHG (International) Ltd and Others ChD 21-Jan-2011
The parties, online gaming companies, disputed the use of a trade mark.
Held: The claim succeeded. . .
Cited – General Tire v Firestone Tyre and Rubber Company Limited HL 1975
The object of damages is to compensate for loss or injury. The general rule for ‘economic’ torts is that the measure is that sum of money which will put the injured party in the same position as he would have been in if he had not sustained the . .
Cited – Stoke-on-Trent City Council v W and J Wass Ltd CA 1988
The council had operated open markets on its land under statutory authority. In breach of the statute, the defendant operated a market on a different day, but within the excluded area. This was a nuisance actionable on proof of damage. The council . .
Cited – HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
Cited – Liverpool and Lancashire Properties Limited and Another v Lunn Poly Ltd and Another CA 15-Mar-2006
Where a tenant successfully obtained relief from forfeiture, and compensatory damages were payable under the 1858 Act in lieu of an injunction, and had assigned the lease for a profit the court could exceptionally use its equitable jurisdiction to . .
Cited – Pell Frischmann Engineering Ltd v Bow Valley Iran Ltd and Others PC 26-Nov-2009
(From the Court of Appeal of Jersey) Lord Walker reviewed the principles in awarding damages under Lord Cairns Act, setting out five general principles established by the authorities. They included: ‘1. Damages (often termed ‘user damage’) are . .
Cited – Force India Formula One Team Ltd v 1 Malaysia Racing Team Sdn Bhd and Others ChD 21-Mar-2012
The claimants alleged misuse by the defendants of confidential information.
Held: Arnold J said: ‘Confidential information is not property, however, even though businessmen often deal with confidential information as if it were property and . .
Cited – Irvine, Tidswell Ltd v Talksport Ltd ChD 13-Mar-2002
The defendants used a distorted image of the claimant, a famous racing driver, to endorse its product. He claimed damages in passing off.
Held: On the facts, the famous racing driver Eddie Irvine had a property right in his goodwill which he . .
Cited – Irvine and others v Talksport Ltd CA 1-Apr-2003
Mr Irvine brought an action in passing off against the defendants who were said to have used his image in its advertising, but without his consent. The claimant appealed against the damages awarded (andpound;2,000) and the defendant appealed against . .
Cited – Pell Frischmann Engineering Ltd v Bow Valley Iran Ltd and Others PC 26-Nov-2009
(From the Court of Appeal of Jersey) Lord Walker reviewed the principles in awarding damages under Lord Cairns Act, setting out five general principles established by the authorities. They included: ‘1. Damages (often termed ‘user damage’) are . .
These lists may be incomplete.
Updated: 17 July 2021; Ref: scu.472645
