Case No. IP-2014-000051

20.The Defendants plead three defences:i)they assert that Oran has consented to the use by Oranmore:a)of the ORANMORE Signs, by an email sent from John Dooley, a director of Oran, to Ross Melville on 7 December 2011 (the “7.12.11 Email”). Strictly speaking, consent is not a defence to infringement. Rather, lack of consent is part of the cause of action. However having raised consent, it is common ground that it is for the Defendants to prove it. The relevant issues are Issues 13(a), 13(b) and 14; and b)ii)alternatively, they rely on the 7.12.11 Email and the Copyright Licence as constituting encouragement on the part of Oran to Oranmore to develop its business under the ORANMORE Signs amounting to acquiescence to the use now complained of. The relevant issues are Issues 15 - 20;iii)they assert that the claims were released and/or discharged pursuant to a compromise agreement entered into by exchange of three letters between Oran and Richard Burke on 17 May 2013 as further described below (the “Compromise Agreement”), in which Oran stated that it had “no claim against you, Richard Burke, in contract, common law and/or statute”; and this had the effect of releasing him from:a) any claims that Oran may have had against him as at 17 May 2013, including claims arising out of the use of the ORANMORE Signs or the First Defendant’s Device; and b)any claims that Oran may have against him arising out of the continued use of the ORANMORE Signs or the First Defendant’s Device after 17 May 2013; and that the effect of such release and/or discharge was also to release and/or discharge Oranmore and Ross Melville, as joint tortfeasors with Richard Burke if such claims were proven, from any liability to Oran. The relevant issues are Issues 21 – 23.21.If the Compromise Agreement defence is successful it will be an answer to the entire claim. Accordingly, I will consider the Compromise Agreement first.