Interlego a.G. v. Tyco Industries Inc. and Others
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1. With regard to the 1st and 2nd defendants' summons for summary judgment under Order 14 on part of their counterclaim the plaintiff makes no complaint in respect of copyright to the blocks in question, but only alleges passing off. In view of my decision on the issue of passing off it necessarily follows that the defendants are entitled to succeed on this summons.
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HCA004231D/1984
Summons for interlocutory injunction in action for infringement of copyright, passing off and conversion - Held no serious issue to be tried in respect of passing off, but a serious issue raised on the claim to copyright on principles set out in American Cyanamid - nevertheless injunction refused as damages will provide an adequate remedy.
BETWEEN:-
Coram: The Honourable Mr. Justice Jones in Chambers Dates of hearing: 7th-11th & 14th January 1985 Date of delivery of judgment: 15th February 1985 ___________ JUDGMENT ___________ 1. With regard to the 1st and 2nd defendants' summons for summary judgment under Order 14 on part of their counterclaim the plaintiff makes no complaint in respect of copyright to the blocks in question, but only alleges passing off. In view of my decision on the issue of passing off it necessarily follows that the defendants are entitled to succeed on this summons.
Representation: Mr. A. Rogers, Q. C. and Mr. A. Liao (Johnson, Stokes & Master) for Plaintiff. Mr. R. Jacob, Q. C. and Mr. P. Garland (Robin Bridge & John Liu) for 1st & 2nd Defendants. |