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High Court refuses an application to strike out portions of an amended statement of claim, which added a claim for breach of competition law to a claim for infringement of a community trademark, on the grounds that the jurisdiction to strike out pleadings should only be exercised sparingly and in clear cases.
Commercial court - application to strike out amended pleadings - O. 19, r. 27 of the Rules of the Superior Courts - no reasonable cause of action - frivolous / vexatious / bound to fail - alleged infringement of intellectual property rights - claim arising from competition law in amended pleadings - claim that competition law claim was indistinguishable from trademark claim - whether competition law claim was "stand-alone claim" - alleged dominant position in market for internet search and electronic paid internet reference / advertising services - alleged abuse of position.
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