The National Guild of Removers & Storers Ltd v Central Moves Ltd & Anor [2017] EWHC 3175 (IPEC) (07 December 2017)

The National Guild of Removers & Storers Ltd v Central Moves Ltd & Anor [2017] EWHC 3175 (IPEC) (07 December 2017)

Central Moves Limited was not liable for passing off as there was no actionable misrepresentation by it; Mr Rust's liability as joint tortfeasor did not extend beyond CMUK's trading period; damages were correctly assessed using the user principle due to the limited scope of infringement; costs were properly awarded under the small claims track rules from the date of allocation.

Citation
[2017] EWHC 3175 (IPEC)
Parties
Claimant/appellant: The National Guild of Removers & Storers Limited; First Defendant/respondent: Central Moves Limited; Second Defendant/respondent: Scott Rust
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Appeal From IPEC Small Claims Track / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Passing Off, Damages Assessment, Costs, Joint Tortfeasance
Intellectual Property Tort Passing Off Damages Assessment Costs Joint Tortfeasance

Case Brief

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Parties

The National Guild of Removers & Storers Limited

Claimant/appellant

Central Moves Limited

First Defendant/respondent

Scott Rust

Second Defendant/respondent

Procedural Posture

Appeal From IPEC Small Claims Track / Judgment on Appeal

Legal Issues

  1. 1 Whether Central Moves Limited was liable for passing off as a member of NGRS
  2. 2 Whether Mr Rust's liability as joint tortfeasor continued after CMUK ceased trading
  3. 3 Whether damages were correctly assessed using the user principle

Ratio Decidendi

Central Moves Limited was not liable for passing off as there was no actionable misrepresentation by it; Mr Rust's liability as joint tortfeasor did not extend beyond CMUK's trading period; damages were correctly assessed using the user principle due to the limited scope of infringement; costs were properly awarded under the small claims track rules from the date of allocation.

Court Disposition

Appeal dismissed

Orders

  • Dismissal of appeal against Central Moves Limited's non-liability for passing off
  • Dismissal of appeal against damages and costs awarded against Mr Rust