Thomas v Luv One Luv All Promotions Ltd & Anor

Thomas v Luv One Luv All Promotions Ltd & Anor

Issue estoppel arises from the prior UKIPO invalidation proceedings, precluding the Defendants from denying findings regarding ownership of goodwill and actionable misrepresentation. The Defendants' defence to passing off and counterclaim for injunction are struck out, and summary judgment is granted on cancellation of trade mark registration. Ownership of goodwill after the split and claims relating to 'dub plates' remain for determination.

Parties
Claimant: Ian Thomas; First Defendant: Luv One Luv All Promotions Limited; Second Defendant: Winston Thomas
Jurisdiction
England and Wales
Judgment Date
17 June 2020
Procedural Posture
Intellectual Property Passing Off and Trade Mark / Judgment on Application to Strike Out Defence and for Summary Judgment
Outcome
Defence struck out in part; summary judgment granted in part; counterclaim struck out in part; claim continues on remaining issues.
Legal Topics
Passing Off, Trade Mark Registration, Estoppel, Abuse of Process, Partnership Dissolution
Intellectual Property Partnership Law Passing Off Trade Mark Registration Estoppel Abuse of Process 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

Intellectual Property Passing Off and Trade Mark / Judgment on Application to Strike Out Defence and for Summary Judgment

Legal Issues

  1. 1 Whether the defence should be struck out on grounds of estoppel and abuse of process
  2. 2 Whether summary judgment should be granted on aspects of the defence
  3. 3 Ownership of goodwill in the group name after the split

Ratio Decidendi

Issue estoppel arises from the prior UKIPO invalidation proceedings, precluding the Defendants from denying findings regarding ownership of goodwill and actionable misrepresentation. The Defendants' defence to passing off and counterclaim for injunction are struck out, and summary judgment is granted on cancellation of trade mark registration. Ownership of goodwill after the split and claims relating to 'dub plates' remain for determination.

Court Disposition

Defence struck out in part; summary judgment granted in part; counterclaim struck out in part; claim continues on remaining issues.

Orders

  • Second Defendant’s Defence to passing off by use of the signs struck out, save as consistent with judgment and varied Schedule of Issues.
  • Summary judgment granted for cancellation of trade mark registration UK 00003212085.