The plaintiff, Antiquesportfolio.com, wished to set up a business, operating over the internet, to sell antiques, and had contracted with the defendant, Rodney Fitch, to create its website, business cards, logos, and advertising literature. Antiquesportfolio.com sued after it discovered that several of the images used by Fitch were copies of photographs that were in Miller's Antiques & Encyclopaedia, an encyclopaedia of antiques. It alleged that Fitch had breached an implied term of the contract, namely the supply of a website that didn't violate another party's copyrights, sought the repayment of all monies paid, and moved for summary judgement. Fitch counterclaimed for all monies owed.
