There is no rule requiring a court always to give fullest relief to parties in intellectual property cases. Where infringement of copyright by the sale of counterfeit software was found to be inadvertent or unintended, the judge could properly restrict the injunctive relief awarded, and an undertaking from the defendant was accepted.
Citations:
Times 17-Aug-1999, [1999] EWCA Civ 1854, [1999] FSR 834
Jurisdiction:
England and Wales
Cited by:
Cited – British Telecommunications Plc v Nextcall Telecom Plc ChD 29-Feb-2000
The defendant company employed salesmen who sought to persuade the claimant’s customers to move to them. Sales staff misled customers as to the relationship between the parties. The defendant gave an unqualified undertaking to the claimant not to . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 31 May 2022; Ref: scu.146769
