The National Guild of Removers And Storers Ltd v Bee Moved Ltd & Ors [2016] EWHC 3192 (IPEC) (13 December 2016)

The National Guild of Removers And Storers Ltd v Bee Moved Ltd & Ors [2016] EWHC 3192 (IPEC) (13 December 2016)

The Defendants' advertisement on their own website implied membership in the Claimant's association, amounting to actionable misrepresentation and passing off; however, the Defendants were not liable for the third-party website advertisement as they had no knowledge, intention, or control over its content post-membership.

Citation
[2016] EWHC 3192 (IPEC)
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
Passing Off Action / Judgment After Trial
Outcome
Claim partly succeeds
Legal Topics
Passing Off, Goodwill, Misrepresentation, Trade Association Rights, Joint Liability
Intellectual Property Tort Passing Off Goodwill Misrepresentation Trade Association Rights Joint Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 18 Party arguments 2
Sign in to unlock

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

Passing Off Action / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants committed passing off by use of the Claimant's names in online advertisements
  2. 2 Whether the Defendants are liable for advertisements on third-party websites post-membership termination
  3. 3 Whether directors are jointly liable with the company for passing off

Ratio Decidendi

The Defendants' advertisement on their own website implied membership in the Claimant's association, amounting to actionable misrepresentation and passing off; however, the Defendants were not liable for the third-party website advertisement as they had no knowledge, intention, or control over its content post-membership.

Court Disposition

Claim partly succeeds

Orders

  • Judgment for the Claimant against all Defendants in respect of the Bee Moved advertisement
  • Claim dismissed in respect of the Really Moving advertisement