The Fund sought summary relief against the use of the sign ‘WWF’ by the defendants, in breach of a contract. The defendants urged that the contract operated in restraint of trade. There had been long running and widespread trade mark disputes, resolved eventually by an agreement where the defendants undertook not to use the initials. That agreement came to be ignored by the defendants, and eventually the plaintiffs began this action. They argued that any contract in restraint of trade was void unless shown to be reasonable, and that in this case there was no prospect of confusion. The agreement was void. Arguments as to restraint of trade in intellectual property disputes must show some real and unreasonable fetter on trade. In this case though the Fund showed a reasonable need for such restraint. The court thought it would be odd if breach of an ordinary restraint of trade covenant (not to work in a defined area at a defined job for a defined time) did not attract an account, whereas breach of a lesser restraint (not to use a trademark in a trade otherwise permitted) did, and refused an account.
Judges:
The Hon Mr Justice Jacob
Citations:
Times 13-Nov-2001, [2002] FSR 32, [2001] EWHC Ch 482
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd HL 1968
Agreement in Restraint of Trade Unenforceable
The defendant ran two garages under solus agreements with the plaintiffs who complained when the defendants began to purchase petrol from cheaper alternative sources. The House was asked whether the solus agreements were be regarded in law as an . .
Cited by:
Doubted – Experience Hendrix LLC v PPX Enterprises Inc and Another CA 20-Mar-2003
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
Appeal from – WWF – World Wide Fund for Nature (Formerly World Wildlife Fund); World Wildlife Fund Inc v World Wrestling Federation Entertainment Inc CA 27-Feb-2002
The claimant sought enforcement of a contract restricting the use by the appellant defendant of the initials ‘WWF’ in their trading. The agreement had been reached in settlement of an action for breach of the claimant’s trade mark rights. The . .
First Instance – Liability – WWF (World Wide Fund for Nature) and Another v World Wrestling Federation Entertainment Inc CA 2-Apr-2007
The parties had disputed use of the initals WWF, with a compromise reached in 1994 allowing primary use by the Fund with restricted use by the Federation. The Federation now appealed an award of damages made after a finding of a breach of the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Contract, Damages
Updated: 04 June 2022; Ref: scu.166235