Choice Words: Settlement Agreement Wording

A recent Intellectual Property Enterprise Court (IPEC) decision has found that vague wording used in a compromise agreement was sufficient in scope to release the defendants from liability in relation to trade mark infringement and passing off.

The decision issued by the IPEC concerns a UK trade mark owner's claim to trade mark infringement and passing off. Both parties were in the business of manufacturing pre-cast concrete products.

The claimant's company, Oran Pre-Cast Ltd, owned a UK trade mark for ORAN PRE-CAST. Following an acrimonious split from the claimant's company the defendants set up Oranmore Precast Ltd and commenced use of the signs ORANMORE PRE-CAST and ORANMORE, along with the domain name oranmore.co.uk. The defendants were previously the director and general manager of the claimant's company.