Lumos Skincare Ltd.v Sweet Squared Ltd & Ors [2013] EWCA Civ 590 (06 June 2013)

Lumos Skincare Ltd.v Sweet Squared Ltd & Ors [2013] EWCA Civ 590 (06 June 2013)

The Court held that the judge below erred by failing to properly consider the likelihood of confusion among end-users of the Claimant's products, who were relevant members of the public for passing off. The evidence, including an email from a trade customer, demonstrated that at least some relevant consumers assumed a connection between the Claimant and Defendants' products. The overlap in outlets and the use of the same mark in related sectors made confusion likely. The Claimant was entitled to protection of its modest goodwill, and the Defendants' use of the LUMOS mark amounted to passing off.

Citation
[2013] EWCA Civ 590
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
06 June 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Patents County Court
Outcome
Appeal allowed; judgment below set aside.
Legal Topics
Passing Off, Goodwill, Misrepresentation, Likelihood of Confusion, Market Overlap
Intellectual Property Tort Passing Off Goodwill Misrepresentation Likelihood of Confusion Market Overlap

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 on Appeal From Patents County Court

Legal Issues

  1. 1 Whether the Defendants' use of the LUMOS mark for nail care products constituted passing off against the Claimant's goodwill in the LUMOS mark for skin care products
  2. 2 Whether there was a likelihood of confusion or deception among the relevant public

Ratio Decidendi

The Court held that the judge below erred by failing to properly consider the likelihood of confusion among end-users of the Claimant's products, who were relevant members of the public for passing off. The evidence, including an email from a trade customer, demonstrated that at least some relevant consumers assumed a connection between the Claimant and Defendants' products. The overlap in outlets and the use of the same mark in related sectors made confusion likely. The Claimant was entitled to protection of its modest goodwill, and the Defendants' use of the LUMOS mark amounted to passing off.

Court Disposition

Appeal allowed; judgment below set aside.

Orders

  • Injunction granted restraining the Defendants from passing off their nail care products as those of the Claimant.
  • Claim dismissed in the court below is reversed.