Decision on scope of the Compromise Agreement
86. In my judgment, the reasonable person with all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract, would have understood the parties to have meant that the Oran Release would cover all known and foreseeable claims connected with Richard Burke leaving the company, in order to resolve all matters between them and provide the parties with a clean slate. That includes, in my judgment, any claims arising from the founding and trading of Oranmore, which I have found was intimately connected with Richard Burke’s departure from Oran. In order to achieve that clean slate, so that Oran could go forward without owing Richard Burke €600,000 and Richard Burke could continue running Oranmore in the UK, I find that the reasonable person would have understood the parties to have meant the Oran Release to encompass the present passing-off and registered trade mark infringement claims. 87.In order to reach that conclusion, I decline to imply a term limiting the jurisdiction of the Compromise Agreement to Irish Law, but I do construe the Oran Release as covering future claims. 88.In considering Mr Moody-Stuart’s submission relating to Irish law, I remind myself of Lord Steyn’s well-known dictum in
- Defendants
- INTRODUCTION
- WITNESSES
- The claims
- www.oranmore.co.uk
- Undisputed issues
- Oran’s position - Infringement
- Oran’s Position - Passing off
- Oranmore’s Defences
- Relevant matrix of facts
- Findings of fact on disputed issues
- The Law
- Rainy Sky SA v Kookmin Bank
- Co-operative Wholesale Society Ltd v National Westminster Bank plc
- Arnold v Britton & Ors
- Rainy Sky
- Submissions and discussion by issue
- Factual context
- Documentary context
- Bank of Credit and Commerce International SA v Ali
- Commercial context
- Decision on scope of the Compromise Agreement
- Watts v Aldington
- Co-operative Wholesale Society Ltd v National Westminster Bank
- Hutton v Eyre
- Conclusion – Compromise Agreement
- TRADE MARK INFRINGEMENT
- Interflora v Marks & Spencer
- Specsavers International Healthcare Ltd v Asda Stores Ltd
- Comic Enterprises Ltd v Twentieth Century Fox Film Corp
- Specsavers
- Maier
- Interflora
- Honda Motor Co Ltd v Neesam
- Issues 3 and 4 - Is there similarity between Oranmore Signs and the Registered Mark such that, when used with identical goods and services, there is a likelihood of confusion?
- Issue 3 - Comparison between Registered Mark and signs
- Issue 5 - Evidence of actual confusion
- Issue 4 - Likelihood of confusion
- Copyright Licence
- Zino Davidoff SA v AG Import Ltd (and others)
- Zino Davidoff SA v A & G Imports Limited and Levi Strauss & Co v Tesco Stores Limited
- Mastercigars Direct Ltd v Hunters & Frankau Ltd
- Davidoff
- Issues 15 - 20 – Acquiescence
- Conclusion on infringement
- PASSING OFF
- Reckitt & Colman Product v Borden
- Annex 1
