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Copyright – Licence. The claimant traded in textile products, such as pillows and blankets, which it sold to airlines for use by their passengers. The defendant advertising agency produced for the claimant, under contract, photographs of products the latter offered to the airlines. The defendant retained the copyright in the photographs and granted the claimant a licence in respect of them. The claimant brought a claim for breach of contract and passing off in respect of the use on the website of a Hong Kong company of some of the photographs. The Intellectual, Property and Enterprise Court, in dismissing claims, held that, the defendant had not breached any licence which might be implied into the contract. On the facts, the claimant had failed to establish its claim of passing off.
Copyright – Licence. The claimant traded in textile products, such as pillows and blankets, which it sold to airlines for use by their passengers. The defendant advertising agency produced for the claimant, under contract, photographs of products the latter offered to the airlines. The defendant retained the copyright in the photographs and granted the claimant a licence in respect of them. The claimant brought a claim for breach of contract and passing off in respect of the use on the website of a Hong Kong company of some of the photographs. The Intellectual, Property and Enterprise Court, in dismissing claims, held that, the defendant had not breached any licence which might be implied into the contract. On the facts, the claimant had failed to establish its claim of passing off.
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