The defendant had received a request to register the domain name ‘pitman.co.uk’ from the claimants, who held the trade mark. The domain was not activated, and was de-registered by the defendants and then re-registered by another company. Action was brought to try to retsore the first registration.
Held: The use of the Pitman name was trhe subject of agreement between the parties, but it was arguable that long use of the name in breach of that agreement amoounted to a waiver. There was no abuse of process, there being no collateral purpose of the proceedings. The interference with contract cause of action as unarguable.
Judges:
Sir Richard Scott VC
Citations:
[1997] EWHC Ch 367
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Grainger v Hill CEC 1838
Misuse of Power for ulterior object
D1 and D2 lent C 80 pounds repayable in 1837, secured by a mortgage on C’s vessel. C was to be free to continue to use the vessel in the interim but the law forbade its use if he were to cease to hold its register. In 1836 the Ds became concerned . .
Cited – In re Majory, a debtor CA 1955
The debtor challenged the bankruptcy petition and receiving order saying that the creditor had attempted in connection with the proceedings to extort andpound;8 15s from the debtor in excess of the sums lawfully due under a court judgment. He said . .
Cited – Goldsmith v Sperrings Ltd CA 1977
Claims for Collateral Purpose treated as abuse
The plaintiff commenced proceedings for damages for libel and an injunction against the publishers, the editors and the main distributors of Private Eye. In addition, he issued writs against a large number of other wholesale and retail distributors . .
Cited – Speed Seal Ltd v Paddington CA 1985
The court was asked whether the defendant should be permitted to add to his pleadings a counterclaim asserting that the action was brought in bad faith for the ulterior motive of damaging the defendants’ business, and not for the protection of any . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 04 June 2022; Ref: scu.136115