Thomas v Luv One Luv All Promotions Ltd & Anor [2022] EWHC 964 (IPEC) (27 April 2022)

Thomas v Luv One Luv All Promotions Ltd & Anor [2022] EWHC 964 (IPEC) (27 April 2022)

The goodwill in the name 'Luv Injection' remained a partnership asset of Luv Injection 1 after the split; there was no legal basis for Ian Thomas or Luv Injection 2 to appropriate that goodwill absent transfer or abandonment. Ian Thomas was not entitled to bring a passing off claim or seek invalidation of Winston Thomas's trade mark registration. No evidence supported passing off by use of dub plates. The counterclaim for winding up the partnership was adjourned for directions.

Citation
[2022] EWHC 964 (IPEC)
Parties
Claimant: Ian Thomas; First Defendant: Luv One Luv All Promotions Limited; Second Defendant: Winston Thomas
Jurisdiction
England and Wales
Judgment Date
27 April 2022
Procedural Posture
Passing Off and Trade Mark Invalidity Claim With Partnership Counterclaim / Final Judgment at First Instance (ipec, High Court)
Outcome
Claim dismissed; counterclaim adjourned
Legal Topics
Passing Off, Trade Mark Invalidity, Goodwill Ownership, Partnership Dissolution
Intellectual Property Partnership Law Passing Off Trade Mark Invalidity Goodwill Ownership Partnership Dissolution

Case Brief

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Parties

Ian Thomas

Claimant

Luv One Luv All Promotions Limited

First Defendant

Winston Thomas

Second Defendant

Procedural Posture

Passing Off and Trade Mark Invalidity Claim With Partnership Counterclaim / Final Judgment at First Instance (ipec, High Court)

Legal Issues

  1. 1 Whether Ian Thomas is entitled to the goodwill in the name 'Luv Injection' and can sue for passing off against Winston Thomas and Luv One Luv All Promotions Limited
  2. 2 Whether Winston Thomas's use of the name 'Luv Injection' and dub plates constitutes passing off
  3. 3 Whether Winston Thomas's trade mark registration should be declared invalid

Ratio Decidendi

The goodwill in the name 'Luv Injection' remained a partnership asset of Luv Injection 1 after the split; there was no legal basis for Ian Thomas or Luv Injection 2 to appropriate that goodwill absent transfer or abandonment. Ian Thomas was not entitled to bring a passing off claim or seek invalidation of Winston Thomas's trade mark registration. No evidence supported passing off by use of dub plates. The counterclaim for winding up the partnership was adjourned for directions.

Court Disposition

Claim dismissed; counterclaim adjourned

Orders

  • Ian Thomas's claims for passing off and trade mark invalidity are dismissed.
  • Winston Thomas's counterclaim for winding up the partnership is adjourned for directions.