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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 26, 2007
Journal of Intellectual Property Law & Practice 2007 2(2):73-75; doi:10.1093/jiplp/jpl219
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Published by Oxford University Press. All rights reserved

Current Intelligence

Enforcement through eBay's VeRO scheme may be a groundless threat

Tom Scourfield
CMS Cameron McKenna LLP
Email: tom.scourfield{at}cms-cmck.com

Quads4Kids Ltd v Thomas Campbell [2006] EWHC 2482 (Ch)

On an interim injunction application to restrain an alleged threat of infringement proceedings, the High Court held that the submission of an enforcement request through eBay's Verified Rights Owner (VeRO) Program could constitute a groundless threat of infringement proceedings of a registered Community Design; the Court was concerned at the ability of a rights owner to use the VeRO program to ‘snuff out an avenue of the claimant's business’ where the proprietor of the designs in question had no intention of commencing proceedings in which the issues of infringement and validity would be determined.


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