Lumos Skincare Ltd v Sweet Squared Ltd & Anor [2013] EWCA Civ 671 (14 June 2013)

Lumos Skincare Ltd v Sweet Squared Ltd & Anor [2013] EWCA Civ 671 (14 June 2013)

The defendants' Community trade mark registration does not provide a defence to the claimant's passing off claim. The claimant is entitled to a general injunction, subject to limited suspension to allow business adaptation and pending Supreme Court application, and to delivery up of infringing goods except those retained for lawful sale in Ireland. Costs are awarded to the claimant with specific deductions for applications where the defendants succeeded.

Citation
[2013] EWCA Civ 671
Parties
Claimant Appellant: Lumos Skincare Ltd; Defendant Respondent: Sweet Squared Ltd; Defendant Respondent: Famous Names LLC; Defendant Respondent: Sweet Squared (UK) LLP
Jurisdiction
England and Wales
Judgment Date
14 June 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment Following Appeal From Patents County Court
Outcome
Appeal allowed. Injunction granted with limited suspension. Orders for delivery up, damages/account, publication, and costs made. Stay pending Supreme Court application granted on strict terms.
Legal Topics
Passing Off, Trade Marks, Injunctions, Costs, Appeal Procedure
Intellectual Property Civil Procedure Passing Off Trade Marks Injunctions Costs Appeal Procedure

Case Brief

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Parties

Lumos Skincare Ltd

Claimant Appellant

Sweet Squared Ltd

Defendant Respondent

Famous Names LLC

Defendant Respondent

Sweet Squared (UK) LLP

Defendant Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment Following Appeal From Patents County Court

Legal Issues

  1. 1 Whether the defendants' Community trade mark registration is a defence to a passing off claim
  2. 2 Appropriate scope and suspension of injunction
  3. 3 Entitlement to delivery up of goods

Ratio Decidendi

The defendants' Community trade mark registration does not provide a defence to the claimant's passing off claim. The claimant is entitled to a general injunction, subject to limited suspension to allow business adaptation and pending Supreme Court application, and to delivery up of infringing goods except those retained for lawful sale in Ireland. Costs are awarded to the claimant with specific deductions for applications where the defendants succeeded.

Court Disposition

Appeal allowed. Injunction granted with limited suspension. Orders for delivery up, damages/account, publication, and costs made. Stay pending Supreme Court application granted on strict terms.

Orders

  • General injunction against passing off granted, suspended until 31 July 2013 and further if Supreme Court application is made on time
  • Defendants not required to recall goods already supplied or goods for sale in Ireland, subject to evidence