The National Guild of Removers And Storers Ltd v Luckes & Ors [2017] EWHC 3176 (IPEC) (07 December 2017)

The National Guild of Removers And Storers Ltd v Luckes & Ors [2017] EWHC 3176 (IPEC) (07 December 2017)

ALS was liable for passing off by means of the misrepresentation on its own website because it had direct control over the content and the power to prevent or reverse the misrepresentation, regardless of knowledge. Mr and Mrs Luckes were not jointly liable as tortfeasors because they did not have knowledge of the misrepresentation and did not actively cooperate in its creation. The Defendants were not liable for passing off in relation to the Reallymoving Website as they did not authorise, procure, or know of the misrepresentation. Damages were appropriately assessed on the user principle. No basis was found to disturb the costs order.

Citation
[2017] EWHC 3176 (IPEC)
Parties
Claimant/appellant: The National Guild of Removers and Storers Limited; First Defendant/respondent: Alexander Justin Luckes; Second Defendant/respondent: Sally Luckes; Third Defendant/respondent: A. Luckes & Sons (Removals and Storage) Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal allowed in part
Legal Topics
Passing Off, Joint Tortfeasance, Damages, Costs
Intellectual Property Tort Passing Off Joint Tortfeasance Damages Costs

Case Brief

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Parties

The National Guild of Removers and Storers Limited

Claimant/appellant

Alexander Justin Luckes

First Defendant/respondent

Sally Luckes

Second Defendant/respondent

A. Luckes & Sons (Removals and Storage) Limited

Third Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Defendants were liable for passing off in relation to references to NGRS on the ALS Website and the Reallymoving Website
  2. 2 Whether Mr and Mrs Luckes were jointly liable as tortfeasors with ALS
  3. 3 Appropriateness of damages assessed under the user principle

Ratio Decidendi

ALS was liable for passing off by means of the misrepresentation on its own website because it had direct control over the content and the power to prevent or reverse the misrepresentation, regardless of knowledge. Mr and Mrs Luckes were not jointly liable as tortfeasors because they did not have knowledge of the misrepresentation and did not actively cooperate in its creation. The Defendants were not liable for passing off in relation to the Reallymoving Website as they did not authorise, procure, or know of the misrepresentation. Damages were appropriately assessed on the user principle. No basis was found to disturb the costs order.

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

  • ALS liable for passing off in relation to the ALS Website
  • Mr and Mrs Luckes not jointly liable as tortfeasors with ALS