Hayman-Joyce Property Limited v Hayman-Joyce Broadway LLP & Anor

Hayman-Joyce Property Limited v Hayman-Joyce Broadway LLP & Anor

The Partnership Agreement did not create an implied licence but vested goodwill generated by the Broadway business in the partnership and later the First Defendant. Both parties owned goodwill in their respective areas and for certain services. The Claimant's trade mark was invalid as the First Defendant had earlier local goodwill sufficient to prevent registration. Most acts complained of did not amount to passing off or infringement due to honest concurrent use or shared goodwill. The copyright claim failed as any licence to use the articles was not determined until the date of complaint, and the articles were removed immediately. The Second Defendant was jointly liable with the First...

Parties
Claimant: Hayman-Joyce Property Limited; First Defendant: Hayman-Joyce Broadway LLP; Second Defendant: Charles Robert Henry Comber
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (intellectual Property) / Trial Judgment on Liability
Outcome
Claim for passing off and trade mark infringement dismissed except for limited passing off; trade mark declared invalid; copyright claim dismissed; Second Defendant jointly liable.
Legal Topics
Passing Off, Trade Mark Infringement, Goodwill, Copyright Infringement, Joint Tortfeasorship
Intellectual Property Business Law Passing Off Trade Mark Infringement Goodwill Copyright Infringement Joint Tortfeasorship

Case Brief

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Parties

Hayman-Joyce Property Limited

Claimant

Hayman-Joyce Broadway LLP

First Defendant

Charles Robert Henry Comber

Second Defendant

Procedural Posture

Civil (intellectual Property) / Trial Judgment on Liability

Legal Issues

  1. 1 Ownership and scope of goodwill in the Hayman-Joyce name
  2. 2 Whether the First Defendant used the mark under an implied licence
  3. 3 Whether the Defendants' acts constituted passing off

Ratio Decidendi

The Partnership Agreement did not create an implied licence but vested goodwill generated by the Broadway business in the partnership and later the First Defendant. Both parties owned goodwill in their respective areas and for certain services. The Claimant's trade mark was invalid as the First Defendant had earlier local goodwill sufficient to prevent registration. Most acts complained of did not amount to passing off or infringement due to honest concurrent use or shared goodwill. The copyright claim failed as any licence to use the articles was not determined until the date of complaint, and the articles were removed immediately. The Second Defendant was jointly liable with the First...

Court Disposition

Claim for passing off and trade mark infringement dismissed except for limited passing off; trade mark declared invalid; copyright claim dismissed; Second Defendant jointly liable.

Orders

  • Trade mark declared invalid for the whole specification.
  • Claim for passing off dismissed except for limited acts (website area misrepresentation, use of testimonials, flyers in Moreton Patch).