B v D: commercial intention leads to no injunction
By Philip Bell
Earlier this month, the High Court considered the question of whether a party should be entitled to an injunction preventing another party from terminating a licensing agreement in circumstances where such a termination would result in the likely cessation of one party’s business.
The parties (left anonymous owing to the claimant’s commercial concerns) had entered into a licensing agreement by which the claimant was licensed to market and provide support for an eMarketplace, an online platform used to buy and sell goods in the mining, metals and connected industries.
The agreement had particular significance for the claimant because it had only one customer and no other source of income, meaning its business was entirely dependent upon the agreement. The termination of the agreement would therefore lead to the probable closure of its business…
If you are registered and logged in to the site, click on the link below to read the rest of the Bristows briefing. If not, please register or sign in with your details below.
News from Bristows
Briefings from Bristows
Court of Appeal stays appeal proceedings pending outcome of central amendment applications to the EPO
The Court of Appeal granted Samsung an application to adjourn an appeal from the High Court’s decision that two of Samsung’s patents were invalid.
Dare to share? Proposed new directive should help protect your confidential information when doing business in Europe
The European Commission’s new directive should help businesses to stop others from obtaining, disclosing or using their trade secrets in the EU without their permission.