Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 38 (03 February 2015)

Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 38 (03 February 2015)

The respondents were the winners on the issue of liability for passing off, and the judge exercised his discretion properly in awarding them costs. The appellants' offers did not match the injunction granted, and there was no basis to defer or reduce the costs order.

Citation
[2015] EWCA Civ 38
Parties
Claimant/respondent: Robyn Rihanna Fenty; Claimant/respondent: Roraj Trade LLC; Claimant/respondent: Combermere Entertainment Properties, LLC; Defendant/appellant: Arcadia Group Brands Limited; Defendant/appellant: Topshop/Topman Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2015
Procedural Posture
Appeal / Costs Appeal Following Main Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Passing Off, Costs, Image Rights, Injunctions
Intellectual Property Civil Procedure Passing Off Costs Image Rights Injunctions

Case Brief

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Parties

Robyn Rihanna Fenty

Claimant/respondent

Roraj Trade LLC

Claimant/respondent

Combermere Entertainment Properties, LLC

Claimant/respondent

Arcadia Group Brands Limited

Defendant/appellant

Topshop/Topman Limited

Defendant/appellant

Procedural Posture

Appeal / Costs Appeal Following Main Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in awarding costs to the respondents
  2. 2 Whether the appellants' offers and undertakings should affect the costs order

Ratio Decidendi

The respondents were the winners on the issue of liability for passing off, and the judge exercised his discretion properly in awarding them costs. The appellants' offers did not match the injunction granted, and there was no basis to defer or reduce the costs order.

Court Disposition

Appeal dismissed

Orders

  • Appeal on costs dismissed
  • Parties to draw up and agree a final order reflecting this ruling and the judgment on liability