|This is just me and a monkey taking a selfie,|
nothing to do with the case
- First, it claimed that some of the images supplied to Intex were those Linfoots created for Orvec. Supplying them to Intex was, claimed Orvec, a breach of an implied term in Linfoots’ standard terms and conditions: the implied term gave Orvec a perpetual and exclusive licence under the copyright in the photographs.
- Second, by using the images Intex was passing itself off as Orvec. Linfoots – the only defendant in this action – was liable too as it had created an instrument of fraud or because it had procured Intex’s passing off.
|Proboscis monkey says: "Always provide|
for copyright in your agreements"
|Chen-Chen the orangutan questions |
the quality of Orvec's evidence
On the other hand, perhaps Orvec should be given some sympathy - suddenly finding photographs made for it of its products on its competitor's website. Is the failing to stop that conduct a reflection on the way Orvec fought its case, or on the straightjacket imposed by English law's tort of passing off in the absence of a far more flexible tort of unfair competition?
Photographs courtesy of my holiday in the jungles of Borneo