The National Guild of Removers And Storers Ltd v Bee Moved Ltd & Ors

The Defendants are liable for passing off in relation to the Bee Moved advertisement because the advertisement impliedly represented that the First Defendant was a member of the Claimant, causing damage to the Claimant's goodwill. The Defendants are not liable for the Really Moving advertisement as the offending text was placed by an independent third party without the Defendants' knowledge, intent, or authorisation.

Parties: Claimant: The National Guild of Removers and Storers Limited; First Defendant: Bee Moved Limited; Second Defendant: Nicholas Anthony Burns; Third Defendant: Oliver Christopher Robert Sampson
Jurisdiction: England and Wales
Judgment Date: 13 December 2016
Procedural Posture: Civil / Judgment
Outcome: Claim partly allowed
Legal Topics: Passing Off, Goodwill, Misrepresentation, Trade Associations

Intellectual Property Tort Passing Off Goodwill Misrepresentation Trade Associations

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2

Parties

The National Guild of Removers and Storers Limited

Claimant

Bee Moved Limited

First Defendant

Nicholas Anthony Burns

Second Defendant

Oliver Christopher Robert Sampson

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Defendants committed passing off by use of the Claimant's names in advertisements
2 Whether implied representation of membership constitutes passing off
3 Liability for third-party website content

Ratio Decidendi

Court Disposition

Claim partly allowed

Orders

Defendants found liable for passing off in relation to the Bee Moved advertisement
Claim dismissed in relation to the Really Moving advertisement