“…Counsel for easyGroup relied on International Business Machines Corp v Web-Sphere Ltd [2004] EWHC 529 (Ch), [2004] FSR 39. In that case Lewison J (as he then was) held, applying the guidance in LTJ v Sadas and Reed v Reed, that the sign “Web-Sphere” was identical to…”
“…g s 3 as if it required proof that the words complained of “probably did” cause pecuniary loss. I think this is true of a passage from IBM Ltd v Web-Sphere Ltd [2004] EWHC 529 (Ch), [2004] FSR 39 [74] (Lewison J) on which the defendants rely. At [74] he cited what Gray J had said in Ferguson about s 3 relieving a claimant from “the eviden…”