“…which at the time did not confer a right of action on an exclusive licensee, for an exclusive licensee to have such a claim: see Oren v Red Box Toy Factory Ltd [1999] FSR 785 approved in OBG v Allan at [54] and [56] (Lord Hoffmann), [157]-[158] (Lord Nicholls of Birkenhead), [267]-[268] and [297] (Lord Walker of Gestingthorpe) and i…”
“…. I would have considerable difficulty in reconciling such a hypothetical claim with RCA Corpn v Pollard [1983] Ch 135 and Isaac Oren v Red Box Toy Factory Ltd [1999] FSR 785. Neither Mr…”