The claimant had registered trade marks under the name websphere, and accused the defendant of infringement using the name with a hyphen.
Held: The claim suceeded. As to the requirement for calculation of damages, ‘the word ‘calculated’ should be interpreted as meaning ‘likely’ or ‘probable’, in an objective sense, rather than something which might well happen or was a possibility.’
Judges:
Lewison J
Citations:
[2004] EWHC 529 (Ch), [2004] FSR 39
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Quinton v Peirce and Another QBD 30-Apr-2009
One election candidate said that another had defamed him in an election leaflet. Additional claims were made in injurious falsehood and under the Data Protection Act.
Held: The claim in defamation failed. There were no special privileges in . .
Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Damages
Updated: 29 May 2022; Ref: scu.194712